High Court of DelhiCRL.M.C./98/2017

Shakti Mehta v. Union Of India Through D R I

2017-01-11Hon'Ble Mr. Justice I.S.Mehta2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 98/2017 SHAKTI MEHTA ..... Petitioner Through:

Dr.Ashutosh and Ms.Urmil, Advs.

versus UNION OF INDIA THROUGH DRI ..... Respondent Through:

Mr.Satish Aggarwala and Ms.Pooja Bhaskar, Advocate.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 11.01.2017 Crl.M.A.No.456/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 98/2017 and Crl.M.A.No.457/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioner seeking modification in the conditions of bail, as imposed on the petitioner, vide order dated 02.01.2017, by the Court of Shri Sumit Dass, Chief Metropolitan Magistrate, Patiala House Courts, New Delhi. Learned counsel for the petitioner has submitted that the learned Court below passed the bail order on 2nd January, 2017 with the condition that the petitioner shall appear before the DRI officials. Learned counsel for the petitioner has further submitted that the DRI officials instead of marking

presence of the petitioner, started beating to the petitioner and MLC to this effect is evident from the record. Counsel further submits that instead of appearing and marking his presence before the DRI officials, the petitioner may be permitted to appear before the concerned Court below so that the hurdle of beating by the DRI officials is removed. Counsel further submits that the petitioner is a law-abiding citizen and facing hurdle on account of unwanted allegation.

Notice. Learned counsel for the respondent/DRI accepts notice. At this stage, learned counsel for the petitioner submits that the petitioner may be permitted to withdraw the present petition with liberty to file a fresh application before the concerned Court below to bring to the notice of the said Court the grounds raised in the present petition. In view of the aforesaid submission made by counsel for the petitioner, the present petition is dismissed as withdrawn with liberty to the petitioner to file appropriate application before the concerned Court below, which shall look into the difficulties presented by the petitioner before this court and deal with the said application in accordance with law. The present petition is disposed of.

Copy of this order be given dasti, as prayed. I.S.MEHTA, J JANUARY 11, 2017 'dc'