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High Court of DelhiCRL.M.C./7059/2023

Swadesh Singh v. State Of (NCT Of Delhi)

2024-09-03Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7059/2023 and CRL.M.A. 26339/2023 SWADESH SINGH .....Petitioner Through: Mr.Soibal Gupta, Mr.Himanshu Swami and Mr.Surendra Singh, Advocates versus STATE OF (NCT OF DELHI) .....Respondent Through: Mr. Sanjeev Sabharwal, APP for State with SI Akashdeep

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 03.09.2024 1.

By way of present petition, the petitioner seeks quashing of the NBWs as well as initiation of proceedings under Section 82 Cr.P.C. in FIR No.319/2021 registered under Section 379 IPC at P.S. Jamia Nagar, SouthEast Delhi. 2.

Apparently, on 27.09.2023 while issuing notice, this Court had noted the submissions of the petitioner that he was residing as a tenant at the earlier address bearing No.I-123, First Floor, Gali No.6, Hari Nagar, Extension, Jaitpur, South Delhi-110044, till 20.10.2022 whereafter, he shifted to a new place i.e. D-181 Gali No.6, Saurabh Vihar, Jaitpur, Badarpur, South Delhi-110044. In this regard, he has also placed reliance on his Aadhaar Card which was issued on 22.10.2022. On basis of the statement of learned APP for the State, the petitioner was also directed to join the investigation on 28.09.2023 at 03:00 PM. Learned APP submits that the petitioner has joined the investigation and the chargesheet is likely to be 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 07/09/2024 at 14:25:56

filed soon.

3.

Learned counsel for the petitioner, on instructions, submits that the petitioner undertakes to join the investigation as and when directed and also appear before the concerned court in case the chargesheet is filed. The undertaking is accepted, taken on record and he is made bound by the same. 4.

Considering that the petitioner has already joined the investigation, the NBWs as well as the proceedings initiated under Section 82 Cr.P.C. are hereby quashed.

5.

In view of the above, the present petition is disposed of alongwith the pending application.

MANOJ KUMAR OHRI, J SEPTEMBER 3, 2024 na 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 07/09/2024 at 14:25:56