← Library
High Court of DelhiW.P.(CRL)/2286/2019

Mr. Venu Gopal & ORS v. State Of Delhi NCT & ANR

2024-03-19Hon'Ble Mr. Justice Amit Sharma2 pages

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2286/2019 & CRL.M.A. 33610/2019 Direct that no coercive steps be taken qua the Petitioners MR. VENU GOPAL & ORS ..... Petitioners Through:

None.

versus STATE OF DELHI NCT & ANR ..... Respondents Through:

Mr. Sanjeev Bhandari, ASC (criminal) for State with Ms. Anvita Bhandari, Mr. Kunal Mittal, Mr. Arjit Sharma and Mr. Vaibhav Vats, Advocates.

SI Arun Ahlawat, PS EOW.

Mr. Sanjay Rathi, Mr. Ashish Khatri, Mr. Bhupender Lakra and Mr.

Sandeep Rathi, Advocates for complainant.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 19.03.2024 1.

The present petition under Article 226 of the Constitution of India read with Section 482 of the CrPC seeks following prayers:- "In light of the aforementioned facts and circumstances, it is most respectfully prayed that this Hon'ble Court be pleased to: a. Pass a Writ of Mandamus directing the investigating officer of FIR No. 77 of 2019 PS EOW, Mandir Marg, to withdraw Notices 3811/R/ACP/Section -1/EOW New Delhi dated 30.07.2019, 3812/R/ACP/Section -1/EOW New Delhi dated 30.07.2019, 3813/R/ACP/Section -1/EOW New Delhi dated 30.07.2019, 3814/R/ACP/Section -1/EOW New Delhi dated 30.07.2019, 3815/R/ACP/Section -1/EOW New Delhi dated 30.07.2019 issued under section 41 A Criminal Procedure Code, 1973 issued to the Petitioners; 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 27/03/2024 at 11:56:24

b. Quash FIR No. 77 dated 09.05.2019 registered at EOW, Mandir Marg for offences Sections 420/467/468/471/120B IPC so far as the Petitioners No.1 to Petitioners No. 4 are concerned; and c. Pass such further Order/Orders as this Hon'ble Court may deem fit to pass in the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS THE PETITIONERS SHALL EVER PRAY AS DUTY BOUND"

2.

Learned Additional Standing Counsel for the State, on instructions from the Investigating Officer, submits that chargesheet in the present FIR has been filed, however, the present petitioners have not been chargesheeted.

3.

None appears on behalf of the petitioners.

4.

There was no appearance on the last three dates of hearing as well, i.e., 24.05.2023, 06.09.2023 and 19.12.2023.

5.

In view of the above, the present petition is dismissed in default for non-prosecution and disposed of accordingly.

6.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J MARCH 19, 2024/sn 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 27/03/2024 at 11:56:24