Hussain Akhtar v. The State Of NCT Of Delhi Through Sho Ps Eow Special Cell & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3690/2024, CRL.M.A. 14155/2024 (stay) HUSSAIN AKHTAR .....Petitioner Through:

Mr. Sudarshan Rajan, Mr. Hitain Bajaj and Ms. Priyanka, Advocates.

versus THE STATE OF NCT OF DELHI THROUGH SHO PS EOW SPECIAL CELL & ANR.

.....Respondents Through:

Ms. Richa Dhawan, APP for the State with Inspector Uday Singh, PS Special Cell.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 02.09.2024 CRL.M.C. 3690/2024 1.

The Petition under Section 482 CrPC has been filed on behalf of the petitioner for quashing of the Order dated 01.04.2022 in Case FIR No. 128/2015, registered at Police Station EOW, pending before the learned Metropolitan Magistrate (Mahila Court-02) Patiala House Courts, New Delhi, in Cr. Case No. 5042/2019.

2.

The present Writ Petition has been filed in April, 2024. On a specific query, as to why the alternate effective remedy of filing a revision before the learned ASJ, has not been availed, there is no cogent explanation, which is forthcoming. Not only is there an alternate efficacious remedy available but 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 06/09/2024 at 15:23:58

also the Petition has been filed after about two years of the passing of the impugned Order. Furthermore, the trial is already ongoing. There is no merit in the Petition, which is hereby dismissed. Needless to state that the petitioner is at liberty to avail his alternate remedy in accordance with law. 3.

The Petition is disposed of accordingly. The pending application also stands disposed of.

NEENA BANSAL KRISHNA, J SEPTEMBER 2, 2024/RS 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 06/09/2024 at 15:23:58