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High Court of DelhiCRL.M.C./2013/2019

Brig. Sunil Saberwal v. The Govt. Of NCT Of Delhi & ANR

2019-04-15Hon'Ble Mr. Justice Chander Shekhar2 pages

$~53 to 55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2013/2019 & CRL.M.As.7972-73/2019 BRIG. SUNIL SABERWAL ..... Petitioner Through:

Mr. K.K. Sharma, Sr. Adv.

with Mr. Deepak Shukla, Mr.

Ram Pravesh Rai, Mr. Alok Singh, Advs.

versus THE GOVT. OF NCT OF DELHI & ANR .... Respondents Through:

Mr.Ashish Dutta, APP + CRL.M.C. 2014/2019 & CRL.M.As.7974-75/2019 LT. GENERAL SANJEEV CHOPRA ..... Petitioner Through:

Mr. K.K. Sharma, Sr. Adv.

with Mr. Deepak Shukla, Mr.

Ram Pravesh Rai, Mr. Alok Singh, Advs.

versus THE GOVT. OF NCT OF DELHI & ANR .... Respondents Through:

Mr.Ashish Dutta, APP + CRL.M.C. 2015/2019 & CRL.M.As.7976-77/2019 MR. PANKAJ BABU AGRAWAL,CA ..... Petitioner Through:

Mr. K.K. Sharma, Sr. Adv.

with Mr. Deepak Shukla, Mr.

Ram Pravesh Rai, Mr. Alok Singh, Advs.

versus THE GOVT. OF NCT OF DELHI & ANR .... Respondents Through:

Mr.Ashish Dutta, APP

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.04.2019

1.

Learned counsel for the petitioners, after some arguments, submitted that the petitioners may be given liberty to move an application before the Trial Court raising all the contentions and pleas as per law including that of the discharge, hence, the petitioners may be allowed to withdraw the petitions.

2.

In view of the aforesaid submissions, the petitions are dismissed as withdrawn with the liberty as prayed for. Pending applications are also dismissed as withdrawn. 3.

Learned counsel for the petitioners also submitted that the complainant has made the complaint against the petitioners out of vengeance for the purpose of harassing them, hence, during the pendency of the disposal of the application including that of the discharge, the petitioners may be exempted from their personal appearances.

4.

The petitioners may move an application for the exemption from their personal appearances and the Trial Court shall consider the same taking into consideration the submissions of the learned counsel for the petitioners, as per law.

5.

It is clarified that this Court has not expressed any opinion on the merits of the petitions.

CHANDER SHEKHAR, J APRIL 15, 2019/rk