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High Court of DelhiW.P.(CRL)/2102/2024

Kunal Chhabra v. State Of Gnct Of Delhi & ORS.

2024-07-15Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~74 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2102/2024 and CRL.M.A. 20345/2024, CRL.M.A. 20346/2024 KUNAL CHHABRA .....Petitioner Through:

Mr.

Arun Khatri and Mr.

Sahil Khurana, Advocates.

versus STATE OF GNCT OF DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC (Crl.) for the State with Ms. Tamanna Chaudhary, Ms. Tanya Verma, Mr. Mohd. Irfan, Mr. Waseem Shuaib Ahmed, Ms.

Priya Jha and Mr. Hardeep Singh, Advocates with SI Deepak.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 15.07.2024 By way of the present petition filed under Article 226 of the Constitution of India read with section 482 of the Code of Criminal Procedure 1973, the petitioner impugns notices dated 29.05.2024 and 24.06.2024 issued by the Investigating Officer in case FIR No. 455/2024 dated 10.05.2024 registered under sections 419/420/120B/34 of the Indian Penal Code 1860 IPC & 66C/66D of Information Technology Act, 2000 Act at P.S.: Paschim Vihar West. 2.

At the outset, Mr. Arun Khatri, learned counsel appearing for the petitioner submits, that vide order dated 10.07.2024 made in a W.P.(CRL) 2102/2024 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 04/07/2025 at 04:00:45

connected matter being W.P.(CRL) No.2048/2024 titled Rubal Chhabra vs. State of GNCT of Delhi & Ors., which was a petition filed by the petitioner's brother, a Co-ordinate Bench has disposed-of the petition recording the statement made by Mr. Rahul Tyagi, learned ASC (Crl.) appearing on behalf of the State, conceding that the Investigating Officer ('I.O.') had issued notices for appearance by inadvertence, without referring to the provisions under which the notices had been issued.

3.

It is pointed-out that the notices impugned in the present case suffer from the same flaws.

4.

Issue notice.

5.

Mr. Rahul Tyagi, learned ASC is present on behalf of the State on advance copy; accepts notice; and submits that the present petition may also be disposed-of in the same terms as W.P.(CRL) No.2048/2024.

6.

In view of the above, the present petition is disposed-of, recording the statement of the I.O., who is present in court, and states that he will not take any steps or actions against the petitioner pursuant to the impugned notices dated 29.05.2024 and 24.06.2024, which shall be treated as withdrawn.

7.

The petition is disposed-of.

8.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JULY 15, 2024/ak W.P.(CRL) 2102/2024 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 04/07/2025 at 04:00:45