Parvesh Arora v. Entertainment Tax Inspector Through Standing Counsel Gnct Delhi & ANR.

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7941/2023 and CRL.M.A. 29599/2023 PARVESH ARORA ..... Petitioner Through: Mr. Gaurav Bharadwaj, Advocate with petitioner in person versus ENTERTAINMENT TAX INSPECTOR THROUGH STANDING COUNSEL GNCT DELHI & ANR.

..... Respondents Through: Mr.Ritesh Kr. Bahri, APP for State

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 10.01.2024 1.

By way of present petition filed under Section 482 Cr.P.C., the petitioner has assailed the order dated 03.06.2023 passed by the learned ASJ-03, Central District in Crl. Revision No. 112/2022 whereby the order passed by the learned MM dismissing petitioner's application under Section 258 Cr.P.C., was upheld.

2.

Learned counsel for the petitioner submits that the petitioner had joined the mediation proceedings under the mistaken belief that he was the proprietor of M/s. R.S. Vision Cable TV. He submits that the petitioner's case is that the said proprietorship firm is owned not by the petitioner but by the petitioner's father's brother. He fairly admits that the said fact is a matter of trial however, he is aggrieved by the observations made in the order dated 22.01.2022 whereby his appearance in mediation was taken to be an admission that he is the proprietor of the said firm. He submits that the said observation may impact petitioner's defence. He is also aggrieved by the 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 13/05/2024 at 12:18:27

imposition of costs of Rs.1 lac in the impugned order passed by the learned ASJ. He, on instructions, submits that the petitioner volunteers that he will deposit a cost of Rs.20,000/-.

3.

The present petition is disposed of alongwith the pending application, with a direction that the observations made in the order dated 22.01.2022 passed by the learned MM would not come in the way of petitioner's defence. Further, the cost imposed vide the impugned order is also set aside subject to payment of Rs.20,000/- by petitioner to be deposited with the Delhi State Legal Services Authority (DLSA) within a period of two weeks from today. The amount so deposited shall be utilized by the DLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

4.

Copy of the said order be communicated to the Member Secretary, DLSA for intimation.

MANOJ KUMAR OHRI, J JANUARY 10, 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 13/05/2024 at 12:18:27