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High Court of DelhiCRL.M.C./5779/2024

Arjun Malik & ORS. v. State (NCT Of Delhi) Through Sho P.S. Model Town & ANR.

2024-07-30Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~108 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5779/2024 ARJUN MALIK & ORS.

.....Petitioners Through:

Mr. Sanjiv Kumar and Ms. Aastha Khanna, Advocates.

versus STATE (NCT OF DELHI) THROUGH SHO P.S. MODEL TOWN & ANR.

.....Respondents Through:

Ms. Meenakshi Dahiya, APP with Insp. Sudhir Kumar and SI Virender Kumar, PS: Model Town.

Mr. Sundeep Kumar, Adv for R-2.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 30.07.2024 CRL.M.A. 22095/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 5779/2024 1.

Petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioners for quashing of FIR No. 0041/2024, under Sections 308/323/341/427/34 IPC, registered at PS: Model Town.

2.

Issue notice. Learned APP for the State and learned counsel for respondent No. 2 appear on advance notice and accept notice. 3.

Learned APP for the State points out that chargesheet is yet to be filed and a country made pistol is alleged to have been used in the incident. 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 08:25:36

However, learned counsel for petitioners strongly disputes the use of any firearm and submits that same has not been corroborated in investigation. 4.

At this stage, learned counsel for petitioners seeks permission to withdraw the petition without prejudice to the rights and contentions of the petitioners, with liberty to file afresh after filing of chargesheet. 5.

Taking the statement of learned counsel for petitioners on record, petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J.

JULY 30, 2024/R 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 08:25:36