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High Court of DelhiCRL.M.C./1103/2019

Rajiv Kumar v. The State & ORS

2019-02-26Hon'Ble Mr. Justice Sunil Gaur2 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1103/2019 and CRL.M.A. 4333/2019 RAJIV KUMAR ..... Petitioner Through:

Mr. Ashok Tabris, Mr. M.S. Yadav and Mr. Y.S. Usmani, Advocates

Versus

THE STATE & ORS .....Respondents Through:

Mr.

M.S.

Oberoi, Additional Public Prosecutor for State with SI Jitender Singh

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 26.02.2019 Quashing of FIR No. 410/17, under Sections 323/341/506/34 of IPC registered at police station Palam Village, Delhi is sought on merits. Upon notice, learned Additional Public Prosecutor submits that the charge sheet for the aforesaid offences has been filed in the trial court but the charge has not been framed as yet.

Since petitioner has an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this Court is not inclined to exercise its extraordinary inherent jurisdiction under Section 482 of Cr.P.C.

CRL.M.C. 1103/2019

This petition and application are accordingly disposed of with liberty to petitioner to urge the pleas taken herein before trial court at the charge stage.

(SUNIL GAUR) JUDGE FEBRUARY 26, 2019 p'ma CRL.M.C. 1103/2019