Madhulika S Rastogi v. State (Govt Of NCT New Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MADHULIKA S RASTOGI ..... Petitioner Through Petitioner in person.

versus STATE (GOVT OF NCT NEW DELHI) ..... Respondent Through Mr. Mukesh Kumar, APP for the State.

Mr. Rahul Sharma with Mr. C.K.

Bhatt, Advocates for respondent No.2.

SI Amit Solanki, PS Vasant Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 01.02.2018 1.

The petitioner had filed the subject petition claiming deferment of the proceeding pending before the Trial Court as she was medically unwell. By order dated 18.01.2018, further proceedings in case titled Madhulika Rastogi vs. Aashish Rastogi , pending in the Court of Ms. Neha, learned MM, Mahila Court, Dwarka and case titled Aashish Rastogi vs. Vijay Lakshmi & Ors., pending in the Court of Ms. Purva Sarin, ACMM, Dwarka Court, Delhi, were directed to remain stayed till today.

2.

Learned counsel for the respondent No.2 points out that the case title Aashish Rastogi vs. Vijay Lakshmi & Ors. is, in fact, titled Aashish Rastogi vs. Madhulika Rastogi & Anr. and the second

respondent arrayed therein is Mrs. Vijay Laxmi Srivastava, wife of Mr. Laliteshwari Saran, who is the mother of the petitioner. 3.

The petitioner, who appears in person, submits that her mother's name is Mrs. Vijaya Kumari Shrivastava, wife of Late Laliteshwari Saran Srivastava. She further contends that the name of her mother has been incorrectly mentioned even though the respondent knows the correct name of her mother, which has been mentioned in the FIR No.56/08, Police Station Tilak Marg, New Delhi, registered at the behest of the respondent. 4.

Learned counsel for the respondent No.2 informs that the latest residential address of the respondent No.2 is A-401, Philips Tower, Sector 23, Plot No.3, Dwarka, Delhi -110075.

5.

The petitioner who appears in person submits that on account of her present health conditions the proceedings pending before the Trial Court in the above two referred cases be deferred to sometime in March.

6.

Learned counsel for the respondent No.2 submits that the next date fixed in Madhulika Rastogi vs. Aashish Rastogi is 13.02.2018 and that in Aashish Rastogi vs. Vijay Lakshmi & Ors. is 19.03.2018. He, however, submits that in the case Madhulika Rastogi vs. Aashish Rastogi, no evidence is being led since the year 2013 despite several opportunities.

7.

Keeping in view the medical condition of the petitioner, it is

directed that the trial court before which the case Madhulika Rastogi vs. Aashish Rastogi is listed on 13.02.2018 shall adjourn the same to a date after the first week of March, 2018 for further proceedings. 8.

Since the case Aashish Rastogi vs. Vijay Lakshmi & Ors. already stands adjourned to 19.03.2018, no further orders are called for qua the same.

9.

The petition is, accordingly, disposed of.

10.

Order Dasti under signatures of Court Master. SANJEEV SACHDEVA, J FEBRUARY 01, 2018/st