Yogender Kumar Sharma v. State Goverment Of NCT Of Delhi

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1224/2024 & CRL.M.A. 4850/2024 (Stay) YOGENDER KUMAR SHARMA ..... Petitioner Through:

Mr. Rahul Gupta & Mr. Rughwendra Pratap, Advocates.

versus STATE GOVERNMENT OF NCT OF DELHI ..... Respondent Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Murari Krishan, P.S.

NFC New Delhi & W/SI Nishu Sharma, P.S. Govindpuri.

Ms. Hena Lamba & Mr. Neeraj Gupta, Advocate for complainant.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 15.02.2024 CRL.M.A. 4851/2024 (Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

The application is accordingly disposed of.

CRL.M.C. 1224/2024 & CRL.M.A. 4850/2024 (Stay) 3.

The present petition under Section 482 of the Cr.P.C. seeks the following prayers:

"(i) Pass an Order quashing the Order dated 03.04.2023 passed by the Ld. ACMM, South-East District, Saket Court, New Delhi by which cognizance has been taken and summons have been issued to the Petitioner;

(ii) Pass an Order quashing FIR No. 477 of 2022 dated 31.12.2022 and the Chargesheet dated 01.03.2023 filed in the said case and all proceedings emanating therefrom pending before the Ld. Additional Sessions Judge, SouthEast District, Saket Court, New Delhi; (iii) Any other order/directions that the court may deem fit and proper 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 17/12/2024 at 15:41:58

in the present facts and circumstances."

4.

It is pointed out that the matter before the learned Trial Court is fixed for consideration on point of charge on 11.03.2024. 5.

Learned counsel appearing on behalf of the petitioner, without prejudice to the rights and contentions of the latter, seeks leave to withdraw the present petition with liberty to raise the contentions taken herein before the learned Trial Court at the time of consideration on charge. 6.

Leave and liberty granted.

7.

The learned Trial Court is requested to proceed with the arguments on the point of charge without giving any undue adjournment to either of the parties.

8.

With the aforesaid direction, the present petition is dismissed as withdrawn and disposed of accordingly.

9.

Pending application(s), if any, also stand disposed of. 10.

Order be communicated to the learned Trial Court for necessary information and compliance.

AMIT SHARMA, J FEBRUARY 15, 2024/bsr 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 17/12/2024 at 15:41:58