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High Court of DelhiW.P.(CRL)/1063/2019

Nehal Ahad v. Punjab National Bank & ANR.

2024-02-27Hon'Ble Mr. Justice Amit Sharma2 pages

$~33 & 34 * IN THE HIGH COURT OF DELHI AT NEW DELHI (33)+ W.P.(CRL) 1063/2019 & CRL.M.A. 7860/2019 (Stay) NEHAL AHAD ..... Petitioner Through:

Mr.Niraj Kumar Singh, Adv. (through VC) versus PUNJAB NATIONAL BANK & ANR.

..... Respondents Through:

Mr.Rajesh Kr. Gautam, Mr.Anant Gautam, Mr.Anani Achumi, Mr.Dinesh Sharma, Ms.Shivani Sagar and Mr.R.P. Daida , Advs. for R-1 Mr.Anupam S Sharrma, SPP with Mr.Prakash Airan, Ms.Harpreet Kalsi, Mr.Abhishek Batra, Mr.Ripudaman Sharma, Mr.Vashisht Rao and Mr.Syamantak Modgill, Advs.

(34)+ W.P.(CRL) 1064/2019 & CRL.M.A. 7869/2019 (Stay) NEHAL AHAD ..... Petitioner Through:

Mr.Niraj Kumar Singh, Adv. (through VC) versus PUNJAB NATIONAL BANK & ANR.

..... Respondents Through:

Mr.Rajesh Kr. Gautam, Mr.Anant Gautam, Mr.Anani Achumi, Mr.Dinesh Sharma, Ms.Shivani Sagar and Mr.R.P. Daida , Advs. for R-1 Mr.Anupam S Sharrma, SPP with Mr.Prakash Airan, Ms.Harpreet Kalsi, Mr.Abhishek Batra, Mr.Ripudaman Sharma, Mr.Vashisht Rao and Mr.Syamantak Modgill, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 27.02.2024 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 02/03/2024 at 11:59:23

1.

The present petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers: "1. Quash the Sanction Order, dated 10.7.2018, passed by Respondent No.l Bank, in the facts of the case, to meet the ends of justice, by issuing Writ of Certiorari or any other Writ/Direction.

2. Stay the operation of Sanction Order, dated 10.7.2018, in the facts of the case and the consequential proceedings, emanating there from, till the disposal of the present Petition, by issuing Writ of Mandamus or any other Writ, as deem fit and appropriate.

3. As a logical corollary to the relief, granted under Clause 1 of the Prayer, set aside the proceedings, pending before the Court of Special Judge, at Greater Bombay, being CBl Special-38 of 2018, in the facts of the case, in the interest of justice, by issuing Writ of Certiorari or any other Writ/Direction and in the alternative,

4. Issue the Writ of Mandamus thereby commanding the Court of Special Judge, CBI, Greater Mumbai, not to proceed with the complaints till the disposal of the present Petition, against the Petitioner, in the facts of the case, to meet the ends of justice." 2.

In view of the judgment dated 04.09.2023 passed by a coordinate Bench of this Court in W.P.(CRL) 3609/2018 and W.P.(CRL) 43/2019, learned counsel appearing for the petitioner seeks leave to withdraw the present petition with liberty to initiate appropriate proceedings with regard to the subject matter of the present writ petitions, before the Court of competent jurisdiction.

3.

Leave and liberty granted.

4.

The present petition is dismissed as withdrawn and disposed of. The pending applications also stand disposed of.

AMIT SHARMA, J FEBRUARY 27, 2024/ns 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 02/03/2024 at 11:59:23