Ms. Prerna Singh v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 425/2019 MS. PRERNA SINGH ..... Petitioner Through: Mr. Jai A. Dehadrai, Ms. Shrishti Kumar and Mr. Prashant Vaxish, Advocates M. No.8130250698 versus STATE & ORS.

..... Respondents Through: Mr. Chaitanya Gosain, proxy counsel for Mr. Rahul Mehra, Standing Counsel (Crl.) for the State M. No.9999981270

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 08.02.2019 1.

The petitioner has filed the present petition laying a challenge to the vires of Section 3(2) of the Delhi Prevention of Defacement of Property Act, 2007. She also seeks quashing of the criminal proceedings initiated against her in F.I.R. No.520/2015, pending trial before the learned CMM, Patiala House Courts.

2.

At the outset, Mr. Dehadrai, learned counsel for the petitioner states that he does not wish to press prayers (b) to (d) and instead, reserves the right of the petitioner to seek quashing of the charges framed against her in F.I.R. No.520/2015.

3.

Leave, as prayed for, is granted. The relief in the present petition is confined to prayer (a).

W.P.(CRL) 425/2019

4.

An averment has been made in the present petition to the effect that the petitioner had submitted a representation to the respondent No.1/GNCTD, seeking an amendment to Section 3(2) of the Act. On enquiring from the learned counsel for the petitioner as to what has been the fate of the said representation, he states that the same has been transferred by the GNCTD to the SDMC, which has no role to play in the matter. 5.

Mr. Rahul Mehra, Standing Counsel (Crl.) is unavailable today. Mr. Chaitanya Gosain, learned proxy counsel appearing for him states that he may be permitted to obtain instructions in this regard from the Department.

6.

At the request of the learned counsel for the State, list on 20.02.2019. HIMA KOHLI, J PRATEEK JALAN, J FEBRUARY 08, 2019 na/nb W.P.(CRL) 425/2019