Nilesh Harishchandra Chavan v. State

$~74 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 300/2016 NILESH HARISHCHANDRA CHAVAN ..... Petitioner Through Ms.Prity Kunwar & Ms.Neha Singh, Advs.

versus STATE ..... Respondent Through Mr.Amit Chadha, APP for the State.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 25.01.2016 Crl.M.A. 1314/2016 (Exemption) Application is allowed subject to just exceptions. Crl.M.C. 300/2016 Arguments heard.

Counsel for the petitioner has submitted that the petitioner has challenged the order dated 07.12.2015 vide which the adjournment was sought by the accused/petitioner-herein before the Court below which was allowed and the matter was adjourned for 30.03.2016 for arguments on charge.

The submission made by the counsel for the petitioner is that

the application of the accused/petitioner-herein for discharge is pending before the Trial Court.

Needless to say, application for discharge of accused is required to be heard at the time of hearing on charge. Firstly, the Trial Court is to hear the arguments on charge and then to pass the order on charge subsequently and he can pass the order on the application of the accused simultaneously.

With the observations made above, the present petition is disposed of.

P.S.TEJI, J JANUARY 25, 2016 dd