Prabhat Dairy Limted (Now Known As Madhyam Agrivet Industries Limited & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

$~103 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3052/2022 & CRL.M.A. 12841/2022, CRL.M.A.

11526/2024 PRABHAT DAIRY LIMTED (NOW KNOWN AS MADHYAM AGRIVET INDUSTRIES LIMITED & ORS.

.....Petitioners Through:

Mr. K.K. Rai, Sr. Advocate with Mr.

Anshul Rai, Mr. S.K. Pandey, Mr.

Awanish Kumar, Mr. Chandrasekhar A. Chakalabbi, Ms. Medha Tandon, Ms. Sreoshi Chatterjee, Mr. Pulkit Kapoor, Mr. Ravilochan Daliparthi, Advocates.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr. Jitendra Bharti, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 28.08.2024 1.

Petitioner has approached this Court challenging the Order dated 28.03.2022, passed by the learned Metropolitan Magistrate, South-West, Dwarka District Courts, in CC No.10424/2017, issuing summons against the Petitioner herein on the ground that a prima facie case is made out against the Petitioner for offences under Section 420/406/120B/34 IPC. 2.

When this Court gave a suggestion to the learned Counsel for the Petitioner that it would be expedient for the Petitioner to approach the Sessions Court first and then the matter can be dealt with under Section 482 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 02/09/2024 at 12:17:34

Cr.P.C for the reason that this Court will be benefitted by one more observation, learned Counsel for the Petitioner seeks permission to withdraw the present Petition with liberty to approach the Sessions Court. 3.

Permission, as prayed for, is granted.

4.

In view of the fact that the impugned Order is of 2022, as and when the Petitioner approaches the Sessions Court, the Sessions Court is requested to dispose of the Petition filed by the Petitioner as expeditiously as possible, preferably within six months from the date of filing of the Petition. 5.

With these directions, the Petition is disposed of, along with the pending applications, if any.

6.

It is made clear that this Court has not made any observations on the merits of the case.

7.

It is always open for the Petitioner to file an appropriate application before the Sessions Court seeking exemption from personal appearance and the same shall be considered by the Sessions Court on its own merits. SUBRAMONIUM PRASAD, J AUGUST 28, 2024 Rahul 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 02/09/2024 at 12:17:34