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High Court of DelhiCRL.M.C./1853/2023

Ram Niwas Gupta & ORS. v. Ms Bharti Mohindru @ Suman Mohindru

2024-04-25Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1853/2023, CRL.M.A. 7092/2023 RAM NIWAS GUPTA & ORS.

..... Petitioners Through:

Mr. Rohan Jaitley, Advocate.

versus MS BHARTI MOHINDRU @ SUMAN MOHINDRU ..... Respondent Through:

Mr. Nazim Uddin Ahmed and Mr.

Drehana Malik, Advocates.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 25.04.2024 1.

By way of present petition, filed under Section 482 Cr.P.C., petitioner seeks setting aside of summoning order dated 28.05.2022 passed by learned M.M., West, Tis Hazari Court, Delhi in Complaint Case No. 7353/2019 titled Bharti Mohindru @ Suman Mohindru vs. Ajay Chadha. 2.

Mr. Jaitley, learned counsel for the petitioners submits that petitioners, who are the subsequent bona fide purchasers, have been summoned by the Trial Court without due application of mind. It is further submitted that the impugned order is cryptic and neither discusses any facts nor assigns any reason for summoning the present petitioners. 3.

Learned counsel for the respondent has handed over a copy of order dated 24.05.2023 passed in Crl. Rev. P. 333/2022 titled as Naresh Chadha vs. State of NCT of Delhi & Anr., which is taken on record. A perusal of the order would show that in the Revision petition filed by the co-accused 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 01/05/2024 at 12:18:01

Naresh Chadha, the summoning order has been set aside with a direction to the trial court to hear the parties afresh. It is informed that matter is now listed before the Trial Court on 25.05.2024.

4.

At this stage, learned counsel for the petitioners seek leave to withdraw the present petition.

5.

Leave, as prayed for, is granted and the petition is dismissed as withdrawn alongwith miscellaneous application. MANOJ KUMAR OHRI, J APRIL 25, 2024 ga 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 01/05/2024 at 12:18:01