Ashok Shah v. The State NCT Of Delhi

$~81 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4289/2024 ASHOK SHAH ..... Petitioner Through:

Mr.Arun Vashisht, Advocate versus THE STATE NCT OF DELHI ..... Respondent Through:

Mr. Utkarsh, APP for State with SI Sangeeta, P.S. S.B.Dairy.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 24.05.2024 CRL.M.A.16273/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 4289/2024, CRL.M.A.16272/2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 329/2018 under Sections 341/354/354D/506/509 IPC registered at P.S.: Shahbad Dairy and proceedings emanating therefrom. 2.

Learned counsel for the petitioner submits that present petition has been filed, since complainant did not support the case of the prosecution before the learned trial court.

3.

At this stage, it may be premature to assess the evidence by this Court in pending trial merely because the witness has turned hostile unless the complainant is willing to support the petition for quashing. 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 28/05/2024 at 12:10:06

4.

Learned counsel for petitioner seeks to withdraw the petition with liberty to prefer afresh along with consent /no objection of the complainant. 5.

Taking the statement of learned counsel for the petitioner on record, petition is accordingly disposed of with liberty to the petitioner to file the petition afresh. Pending applications, if any, also stands disposed of. ANOOP KUMAR MENDIRATTA, J MAY 24, 2024/v 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 28/05/2024 at 12:10:06