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High Court of DelhiW.P.(CRL)/814/2021

Khushal Ahmad( In J/C) v. State Of NCT Of Delhi & ANR.

2025-04-03Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 814/2021 KHUSHAL AHMAD( IN J/C) .....Petitioner Through:

Mr. Asim Naeem, Ms. Cherry Gupta & Ms. Anisa, Advocates.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Ashvini Kumar, Mr.

Nitish Dhawan, Ms. Chavi Lazarus and Ms.

Sanskriti Nimbekar, Advocates with SI Jitendra, D-6884, AATS/SED and S/V Kushal Ahmed.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 03.04.2025 1.

Petition under Article 226 read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner, Khushal Ahmad, for transfer of investigations in FIR No. 78/2021 under Section 399/402/411 of the Indian Penal Code, 1860 and Section 25/54/59 of the Arms Act, 1959 registered at Police Station Sarita Vihar and also to quash the aforesaid FIR and also conduct the enquiry against the Special Staff, Police Station Sarita Vihar, New Delhi and register the FIR against him and also to pay compensation to the Petitioner.

2.

Essentially, from the facts as narrated in the Petition, the Petitioner had asserted that he had been falsely implicated in this Case and had thus 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 07/04/2025 at 13:08:15

sought the quashing of FIR.

3.

Learned ASC on behalf of the State, on instructions from the Investigating Officer, submits that the PIR was filed before the Juvenile Justice Board and the Petition has already been dismissed on account of barred by limitation.

4.

Considering the submissions made that the FIR quashing of which was sought already stands disposed of and while the Charge-Sheet against the other accused has been filed before the learned Trial Court where it is pending trial.

5.

Submissions heard and the record perused.

6.

Considering that the Petitioner herein had sought the quashing of FIR on the ground of false implication, but it already stands disposed of and the Petitioner has been discharged. Nothing more survives in the present Petition. However, the Petitioner is at liberty to file a fresh Petition for alleged malicious prosecution and for compensation. 7.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J APRIL 3, 2025/RS 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 07/04/2025 at 13:08:15