Rashid v. State & ORS

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1446/2019 RASHID ..... Petitioner Through:

Mohd. Ahmed, Advocate.

versus STATE & ORS ..... Respondents Through:

Mr Aditya Gauri, Ms Shivani Sharma and Mr Chaitanya Bansal, Advocates for State.

SI Surender Kumar, PS Maya Puri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 24.09.2019 1.

The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent no.2 to transfer the investigation in relation to FIR No. 0032/2019 under Sections 323/324/34 of the IPC registered at P.S. Mayapuri, to the District Investigation Unit. 2.

The petitioner was, essentially, aggrieved by the non-inclusion of certain offences in the FIR. According to the petitioner, the facts reported also warranted inclusion of an offence under Section 307 of the IPC, as well as under the Arms Act, 1959.

3.

A status report has been filed which indicates that on the basis of the medical opinion, the offence under Section 307 of the IPC has been included. It is also stated that further investigation is underway. 4.

In view of the above, the principal grievance of the petitioner is

addressed.

5.

The learned counsel appearing for the petitioner seeks to withdraw the present petition with the liberty to file afresh, if the cause so arises. 6.

The petition is dismissed as withdrawn with the aforesaid liberty. VIBHU BAKHRU, J SEPTEMBER 24, 2019 RK