B v. State Of NCT Of Delhi & ANR.

$~93 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1769/2024 & CRL.M.A. 6776/2024 ..... Petitioner Through:

Mr. Lakshay Yadav, Mr.

Rohit Sehrawat, Ms. Kriti Chauhan & Mr.

Deepanshu Goswami, Advs.

versus STATE OF NCT OF DELHI & ANR.

..... Respondent Through:

Mr. Utkarsh, APP for the State SI Vijay Singh, PSKanjawala, Rohini

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 01.03.2024 1.

The present petition is filed, under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC'), challenging the order dated 13.02.2024 (hereafter 'the impugned order'), passed by the learned Metropolitan Magistrate ('MM'), North West District, Rohini Courts, Delhi, in Criminal Case No. 530925/2016.

2.

The learned MM, by the impugned order, dismissed the application filed by the petitioner under Section 216 of the CrPC. The petitioner had sought alteration/ modification of charges by way of the said application.

3.

The learned Additional Public Prosecutor for the State, at the outset, submits that the order dismissing the application under Section 216 of the CrPC is revisable under Section 397 of the CrPC.

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 05/03/2024 at 11:01:43

4.

In such circumstances, the petition under Section 397 of the CrPC challenging the order passed by the learned MM would lie before the Sessions Court.

5.

The learned counsel for the petitioner seeks liberty to withdraw the present petition and file an appropriate petition challenging the impugned order.

6.

The petition stands dismissed as withdrawn with the aforesaid liberty.

AMIT MAHAJAN, J MARCH 1, 2024 "SS"

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 05/03/2024 at 11:01:43