Nitesh Bhardwaj v. Govt. Of NCT Of Delhi & ORS.
$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 959/2024 & CRL.M.A. 3852/2024 SIRISH VOHRA .....Petitioner Through:
Ms. Mercy Hussain and Mr. N.P. Singh, Advocates.
versus THE STATE (NCT OF DELHI) & ANR.
.....Respondents Through:
Mr. Amit Ahlawat, APP for the State with SI Awgat, P.S. Janakpuri.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 22.08.2024 1.
This petition has been filed under Section 482 of Cr.P.C. for quashing of FIR No. 596/2016, dated 09th September, 2016, under Section 38 of Delhi Excise Act, 2009 registered at Police Station Janakpuri. 2.
A status report has been filed pursuant to the directions of this Court. 3.
The allegation was that on 09th September, 2016 a raid was conducted at premises of 'DE Forbidden Bar', 2nd Floor, Westend Mall, Janakpuri and where a large quantity of unlicensed alcohol was recovered. 4.
The counsel for the petitioner has stated that the petitioner was appointed as Director on 30th April, 2013 and resigned on 06th July, 2016. This fact is confirmed by the status report as well as by perusal of the Form No. DIR-12, which is on record of the Court.
5.
Counsel for the petitioner also states on instructions, that petitioner is not the promoter of the said company.
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 28/08/2024 at 12:26:07
6.
In this regard, the offence under Section 38 of Delhi Excise Act, 2009 cannot be sustained against the petitioner who was neither available at the premises nor the Director of the company.
7.
Accordingly, the present FIR No. 596/2016 stands quashed qua the petitioner.
8.
Order dasti.
9.
Order be uploaded on the website of this Court. ANISH DAYAL, J AUGUST 22, 2024/MR/na 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 28/08/2024 at 12:26:07