Sunil Kumar & ORS v. State Of NCT Of Delhi & ANR

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 157/2018 & Crl. M.A. 647/2018 SUNIL KUMAR & ORS ..... Petitioners Through:

Mr. Vikas Pahwa, Sr. Adv. with Mr.

Raj Kamal, Mr. Karan Khanuja, Mr.

Tushar Agarwal and Mr. Pragalbh Bhardwaj, Advs.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Mukesh Kumar, Addl. PP for the State with SI Parmod Kumar

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 12.01.2018 Crl. M.A. No. 648/2018 (Exemption) in Crl. M.C. 157/2018 Allowed, subject to all just exceptions.

CRL.M.C. 157/2018 1.

The petitioner impugns order dated 10.10.2017 whereby the learned Sessions Court had declined to direct further investigation into the MOU dated 06.09.2016 alleged to have been entered between the petitioners and the complainants.

2.

Learned Senior Counsel for the petitioner submits that the findings in the order shall come in the way of the petitioner seeking to rely on the said MOU dated 06.09.2016 at an appropriate stage, if the petitioners seek to rely on the same and such a remedy is available to the petitioners. He submits that in case the issue is kept open to be CRL.M.C. 157/2018

considered at an appropriate state, he would not press this petition any further and would like to withdraw the same.

3.

In view of the above, the petition is dismissed as withdrawn. It is clarified that the impugned order will not come in the way of the petitioners seeking to rely on the MOU dated 06.09.2016 at an appropriate stage, provided such reliance can be placed in law. It is clarified that this court has neither examined nor commented upon the validity, genuineness, applicability or authenticity of the alleged MOU.

4.

Order Dasti under signatures of the Court Master. SANJEEV SACHDEVA, J JANUARY 12, 2018 'rs'

CRL.M.C. 157/2018