Subhash Kumar @ Khadda v. State (N.C.T. Of Delhi)

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 406/2024, CRL.M.A. 9618/2024 SUBHASH KUMAR @ KHADDA .....Petitioner Through:

Mr. Pankaj Kapoor, Mr. Nikhil Behri, Mr. Deepak Sharma, Mr. Aniket Arora, Advs.

versus STATE (N.C.T. OF DELHI) .....Respondent Through:

Ms. Priyanka Dalal, APP for the State with ACP Vijay Singh, SDPO/PB

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA % 09.10.2024

O R D E R

The present bail application has been filed under Section 21(3) Maharashtra Control of Organised Crime Act, 1999 r/w Section 438 of Criminal Procedure Code, 1973 for seeking grant of anticipatory bail in case FIR no. 397/2019 registered under Section 3/4 of MCOC Act at PS: Hari Nagar.

Learned APP for the State has submitted that the process under Section 82 Cr.P.C. has already been initiated against the petitioner. Learned counsel for the petitioner submits that he has moved an application for recall of the process under Section 82 Cr.P.C., Since the process under Section 82 Cr.P.C. has been initiated, this Court is of the considered view that first let the Trial Court decide the matter under Section 82 Cr.P.C. for recall the process. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2024 at 11:59:39

In view of above, the present application is dismissed with a direction to the Trial Court to decide the application for recall of the process under Section 82 Cr.P.C. within a time bound manner without being influenced by the dismissal of the present application.

However, it is made clear that this court has not gone into the merits of the case and no expression made herein shall tantamount to be an expression on the merits of the case.

Learned Trial Court shall decide the application for recall the process under Section 82 Cr.P.C. in accordance with the law. DINESH KUMAR SHARMA, J OCTOBER 9, 2024 JN/KR..

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/10/2024 at 11:59:39