Gordhan Singh v. State Of NCT Of Delhi

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 190/2016 GORDHAN SINGH ..... Petitioner Through:

Mr.R.K.Tarun, Adv.

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

Ms.Meenakshi Chauhan, APP.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 27.07.2016 The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.165/2013 under Sections 287/304A/34 IPC.

It has been informed by the learned counsel for the petitioner that the challan has been filed in the matter and at the time of filing of the present petition, the matter had been pending before the Trial Court for consideration and arguments on the point of charge. Vide order dated 15.01.2016, the proceedings in the present matter had been stayed.

It is the prerogative of the Trial Court to look into the charge sheet and thus this Court is not inclined to intervene in the matter when the case is already fixed before the Trial Court for arguments on the point of charge.

The petition is accordingly disposed of with the observation that the petitioner would be at liberty to argue before the Trial Court that he is not connected with the present offence and the Trial Court shall pass an order in accordance with law.

It is further observed that if the Trial Court frames the charge, the petitioner may avail the remedies as may be available to him in accordance with law.

P.S.TEJI, J JULY 27, 2016/dm