Shankar Kashid v. Govt Of NCT Of Delhi And ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1096/2021 SHANKAR KASHID .....Petitioner Through:

Mr.

Anand Landge, Mr.

K.

Pareshwaram, Mr. Viraj Pawat and Mr.

V. Jadhav, Advocates.

versus GOVT OF NCT OF DELHI AND ANR .....Respondent Through:

Mr. Sanjeev Bhandari, Ld. ASC for the State with Mr. Arjit Sharma and Mr.

Nikunj Bindal, Advocates.

Mr. Ajit Kumar, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 11.03.2025 CRL.M.A. 3069/2025 (under Section 482 Cr.P.C read with Section 528 BNSS on behalf of the Petitioner for Amendment of the Writ Petition) & W.P.(CRL) 1096/2021 1.

An Application has been filed for amendment in the Prayer Clause as detailed in the Application.

2.

Learned counsel for the Petitioner submits that the Chargesheet has now been filed in the Trial Court and consequently additional grounds need to be incorporated to challenge the filing of the Chargesheet itself. 3.

Essentially the grounds of challenge are :

(i) that offence under Section 420 IPC is not made out; (ii) that this Court has no jurisdiction under Section 177 Cr.P.C as the jurisdiction lies in Mumbai;

(iii) that there is no criminal offence disclosed, but it is only filed for recovery of an amount; and 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 17/03/2025 at 11:23:11

(iv) that the FSL Report in respect of Confirmation Letter dated 24.12.2013 is inconclusive.

4.

The Writ Petition had been filed for quashing of FIR No.47/2020 dated 07.04.2020 under Section 420/406/120B IPC.

5.

Submissions heard.

6.

There are specific allegations made in the Complaint prima facie to allege that the Complainant has been cheated and that there is breach of trust. Since the Chargesheet has already been filed, merely inconclusive FSL Report cannot be sole ground for quashing of the Chargesheet or discharging of the accused persons. 7.

Since, the matter is now listed for arguments before the learned Trial Court for framing of Charge, the present Petition is hereby disposed of with liberty to the Petitioners to address their arguments before the learned Trial Court. 8.

The Petition stands disposed of.

NEENA BANSAL KRISHNA, J MARCH 11, 2025/va 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 17/03/2025 at 11:23:11