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High Court of DelhiCRL.M.C./2335/2024

Shibashiv Manas Ranjan Padhi v. State NCT Of Delhi & ANR.

2024-10-22Hon'Ble Mr. Justice Amit Mahajan2 pages

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2335/2024, CRL.M.A. 8969/2024 & CRL.M.A. Nos. 32029-30/2024 SHIBASHIV MANAS RANJAN PADHI .....Petitioner Through:

Mr. Akash Vajpai, Advocate versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Sunil Kumar Gautam, APP for the State with SI Ajeet Singh, PS Palam Village.

Mr. Nitin Chaudhary, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 22.10.2024 1.

The present petition is filed seeking quashing of the FIR No. 239/2015 dated 26.04.2015, registered at Police Station Palam Village, for offences under Sections 498A/406/34 of the Indian Penal Code, 1860, and all consequential proceedings arising therefrom.

2.

Concededly, the chargesheet has already been filed and the charges have already been framed by the learned Metropolitan Magistrate vide order dated 15.07.2023, in Cr. Case. No. 3641/2018 against the petitioner and other accused persons and the order passed by the learned Trial Court framing charges is revisable in nature.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 11:54:30

3.

On being asked why the petition has not been filed before the learned Court of Sessions challenging the order on charge, the learned counsel for the petitioner states that the petitioner has an alternate remedy to file a petition under Section 482 of the Code of Criminal Procedure, 1973.

4.

Concededly, the petitioner has an alternate, efficacious remedy of challenging the order on charge before the Court of Sessions. This Court does not consider it apposite to pass any orders at this stage as all arguments can be taken by the petitioner before the learned Court of Sessions.

5.

The petition is dismissed with liberty to the petitioner to file appropriate petition challenging the order framing charges. 6.

Pending applications stand disposed of.

AMIT MAHAJAN, J OCTOBER 22, 2024 'Aman'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/10/2024 at 11:54:30