Dharmpal Singh v. State Of NCT Of Delhi And ANR.
$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2666/2022 DHARMPAL SINGH ..... Petitioner Through:
Mr. Devesh Malan and Mr. Sohail Chaudhary, Advocates versus STATE OF NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Sanjay Lao, Standing Counsel for the State with Mr. Abhinav Arya and Mr. Shivesh Kaushik, Advocates along with SI Ruby, PS:
Inderpuri.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 03.05.2024 1.
This writ petition has been filed by the Petitioner seeking the following reliefs:- "i. Call the record of Ld. Trial Court alongwith statements of Victim recorded u/s 161, Medical and 164 of CrPc;
ii. Allow the present petition and quash the impugned FIR No. 0049 dated 11/03/2017 u/s 365, 34 of IPC registered in PS Inderpuri, Delhi and further quash all the proceedings arising from the said FIR; and iii. pass any other order or orders as are deemed apt and appropriate in view of facts & circumstances of present case." 2.
On 29.05.2023, Court had passed the following order:- "1. Learned counsel for the petitioner has highlighted the fact that the victim has given a statement under section 161 Cr.P.C and under Section 164 Cr.P.C, where she has not made any allegation against the petitioner who was a taxi driver and had no role in the missing case of the victim.
2. Moreover, the victim has stated apparently that she had left her matrimonial home with willingly, without any undue pressure. W.P.(CRL) 2666/2022 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 06/05/2024 at 11:25:08
3. Learned Standing Counsel seeks some time to examine the said statements of the victim qua this petitioner, since the charge-sheet has already been filed qua the two other accused.
4. An updated status report be filed in this regard.
5. No coercive steps be taken against the petitioner, if these circumstances as submitted by the Ld. Standing Counsel, are verified and made out, till the next date of hearing.
6. List on 20.09.2023.
7. Order be uploaded on the website of this Court." 3.
Mr. Sanjay Lao, learned Standing Counsel appearing on behalf of the State states that facts have been verified pursuant to the order dated 29.05.2023 and as per instructions from the Investigating Officer SI Ruby, PS: Inderpuri, who is present in Court, Police is in the process of filing the cancellation report within a month from today before the Trial Court. 4.
In view of this submission made on behalf of the State, learned counsel for the Petitioner seeks to withdraw the present petition with liberty to take recourse to further remedies before the Trial Court. 5.
Petition stands disposed of as withdrawn with liberty as prayed for, in accordance with law.
JYOTI SINGH, J MAY 3, 2024/kks W.P.(CRL) 2666/2022 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 06/05/2024 at 11:25:08