Satya Prakash Agarwal v. State (NCT) Of Delhi

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5642/2024, CRL.M.A. 21531/2024 SATYA PRAKASH AGARWAL .....Petitioner Through:

Mr. Rachit Mittal, Mr. Parish Mishra and Mr. Kanishk Raj, Advocates.

versus STATE (NCT) OF DELHI .....Respondent Through:

Ms. Meenakshi Dahiya, APP for State with SI Abhimanyu, PS: Aman Vihar, Rohini.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 24.07.2024 CRL.M.A. 21530/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands dispose of.

CRL.M.C. 5642/2024 1.

This petition has been filed for quashing of the FIR No. 1164/2018, registered at PS: Aman Vihar, Delhi, under Sections 33/ 58 of the Delhi Excise Act, 2009.

2.

The background facts and circumstances are that the petitioner purchased Mahindra Scorpio having registration no. HR-18-6800 in 2003 and thereafter sold it in 2004 to one Mrs. Neelam Kapoor. The vehicle was transferred in the name of Mrs. Kapoor and the RC copy is appended as part of the record confirming the same.

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 09:53:53

3.

Thereafter, a notice was received by the petitioner under this FIR for production of documents and under Section 41A Cr.PC. 4.

The petitioner who is 84-year-old person duly presented himself and provided all the relevant information to the IO. 5.

Charge sheet was filed on 19th September, 2022. 6.

Statements of Ms. Neelam are on record, where she admits that she bought the car from the petitioner, and then transferred it to Mr. Sunil Mittal. Statement of Mr. Mittal is on record, who says he bought it from Mrs. Neelam Kapoor and transferred it to Mr. Praveen Dabas. Praveen Dabas, in turn, says he transferred the car to Raj Kumar.

7.

Raj Kumar was the one who allegedly driving the vehicle in which consignment of country made liquor was seized. 8.

In these circumstances, the FIR and proceedings emanating therefore do not subsist qua the petitioner.

9.

Accordingly, the said FIR is quashed qua the petitioner and proceedings emanating therefrom.

10.

'Dasti'

11.

Order be uploaded on the website of this Court. ANISH DAYAL, J JULY 24, 2024/RK Click here to check corrigendum, if any 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 09:53:53