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High Court of DelhiCRL.M.C./1894/2024

Sagar Singh Malhotra v. State Of NCT Of Delhi

2024-03-06Hon'Ble Dr. Justice Swarana Kanta Sharma3 pages

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1894/2024 SAGAR SINGH MALHOTRA ..... Petitioner Through:

Mr. Mayank Maini and Mr. Biman Sethi, Advocates.

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

Mr. Satish Kumar, APP for the State along with SI Meena,P.S. Model Town.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 06.03.2024 CRL.M.A. 7322/2024 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1894/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C‟) has been filed by the petitioner seeking setting aside of order dated 24.02.2024 passed by learned Trial Court on case titled as „State v. WB-02-AM-5050 (Sagar Singh Malhotra)' as well as for seeking directions to the learned Trial to decide the pending application of the petitioner under Section 457 Cr.P.C seeking release superdari of the vehicle expeditiously in accordance with law.

4. Learned Counsel appearing on behalf of the petitioner submits that the learned Trial Court is not deciding the Superdari application of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner despite receipt of two status reports from the IO and has adjourned the matter for a period of 2 months. It is stated that the learned Trial Court has given a long date and despite the fact that the application for release of the vehicle was listed before the learned Trial Court on 09.02.2024, the matter has been adjourned to 20.04.2024. It is further submitted that the learned Trial Court has failed to comply with the judgment of this Court in Manjit Singh Vs. State passed by this Court in Crl. M.C. No. 4485/2013.

5. This Court has heard arguments on behalf of both the parties and has perused the material placed on record.

6. The Investigating Officer (IO) is present before the Court today. This Court has gone through the verification report filed by the State. This Court notes that as per Status Report filed by the IO, the name of the owner of the said vehicle and the address of the owner is available with the IO. This Court directs the IO to expeditiously verify from the said owner that whether he had transferred the ownership of the vehicle to the petitioner and submit a report in this regard before the learned Trial Court on the next date of hearing.

7. In these circumstances, this Court requests the learned Trial Court to prepone the matter to a date earlier than the date already fixed i.e., 20.04.2024 and decide the Superdari application of the petitioner expeditiously, preferably within the month of March, 2024. 8.

In view thereof, the application stands disposed of. 9.

Order dasti.

10.

The order be uploaded on the website forthwith. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

SWARANA KANTA SHARMA, J MARCH 6, 2024/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.