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High Court of DelhiCRL.M.C./7318/2023

Xyz v. State & ANR.

2024-05-14Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~83 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7318/2023 XYZ ..... Petitioner Through: Mr.Ranbir Sharma and Mr.Rohil Sharma, Advocates versus STATE & ANR.

..... Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Sanjogita

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 14.05.2024 CRL.M.A. 14836/2024 (for early hearing by the petitioner) 1.

By way of present application filed under Section 482 Cr.P.C., the petitioner/applicant seeks early hearing of the petition. 2.

Issue notice.

3.

Learned APP for the State accepts notice.

4.

For the reasons stated in the application, the same is allowed. 5.

The application is disposed of.

CRL.M.C. 7318/2023 and CRL.M.A. 14341/2024 1.

With the consent of the parties, the petition is taken up for hearing today itself.

2.

With the assistance of learned counsel for the petitioner as well as learned APP for the State, I have gone through the petition. 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 02/07/2025 at 11:14:05

3.

By way of present petition filed under Section 439(2) Cr.P.C., the petitioner seeks cancellation of anticipatory bail granted to respondent No.2 vide order dated 20.04.2023 passed by learned ASJ (Special Electricity Court), Dwarka Courts, New Delhi in FIR No.15/2023 registered under Sections 498A/406/377/354/506/34 IPC at P.S. CAW Cell, Nanakpura. 4.

The only ground for challenge to the grant of bail is that despite having admitted to be in possession of certain stridhan articles and undertaking to return them, the same have not been returned by respondent No.2.

5.

On a query, learned APP for the State submits that the said statement was made by respondent No.2 on 01.06.2023 i.e. after the grant of anticipatory bail.

5.

In view of the above, I find no ground to entertain the present petition. Accordingly, the same is dismissed alongwith the pending application. However, the petitioner shall be at liberty to seek appropriate remedy before the trial court.

6.

The date already fixed i.e., 22.08.2024 is cancelled. MANOJ KUMAR OHRI, J MAY 14, 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 02/07/2025 at 11:14:05