Krishan Kumar v. Nirmala

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3527/2019 & Crl.M.A.31700/2019 KRISHAN KUMAR ..... Petitioner Through:

Brother of the petitioner is present.

versus NIRMALA ..... Respondent Through:

None.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 03.03.2020 Crl.M.A.31699/2019 (Exemption) Exemption allowed, subject to just exceptions. CRL.M.C. 3527/2019 & Crl.M.A.31700/2019 Mr. Gulshan who states that he is the brother of the petitioner is present.

The proceedings dated 22.10.2019 indicate that it had been submitted by the brother of the petitioner that the petitioner expired on 10.10.2019 and an appropriate application would be filed, no such application has been filed however. On behalf of the petitioner (since deceased) has been submitted the copy of the order dated 20.01.2020 in CC No.18300/2016 and 18302/2016 of the Court of the learned MM (NI Act)-03, West indicating to the effect that the petitioner herein arrayed as the accused in that case has expired as verified by the SHO, PS Paschim Vihar in terms of the death certificate as issued by the SDMC and that the proceedings in CC No.18300/2016 and

18302/2016 against the petitioner herein stand abated. In view thereof, it is apparent that the present petition, which had sought the setting aside of order dated 07.05.2019 of the learned ASJ-04, West in CR No.44/2019 in relation to an order dated 05.01.2019 of the learned trial Court in CC No.18302/2016 calls for no further action.

ANU MALHOTRA, J MARCH 03, 2020 vm