High Court of DelhiW.P.(CRL)/413/2017

Rajesh Kumar v. State (NCT Of Delhi) & ANR

2017-02-08Hon'Ble Mr. Justice Vipin Sanghi2 pages

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 413/2017 RAJESH KUMAR ..... Petitioner Through:

Mr. Nitin Joshi, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondent Through:

Mr. Avi Singh, ASC with Ms. Megha Behl, Adv for State with SI Deshraj

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 08.02.2017 Crl. M.A. No. 2257/2017 Exemption allowed, subject to all just exceptions. The application stands disposed of.

W.P.(CRL) 413/2017 Issue notice. Mr. Singh accepts notice on behalf of the State. Respondent no.2 is present in Court and accepts notice.

The petitioner has filed the present petition seeking quashing of FIR No.512/2016 registered on the complaint of the complainant under Section 338 IPC against the petitioner at Police Station Gandhi Nagar. The facts as disclosed from the FIR are that the petitioner left his

loaded revolver on his office table and allegedly that fell of the table and resulted in a fire which injured respondent no.2. It is surprising that the petitioner is so casual about the manner in which he carried the firearm. The petitioner states that he is a trader and he has taken the license only to secure himself because he has to deal in large cash transactions. In view of the steps taken by the Government to demonetise the high value currency and the recent embargo declared by the Government to not permit cash transactions beyond Rs.3 lakhs, the need for the license felt by the petitioner no longer survives.

Learned ASC states that steps have already been initiated to cancel the license issued to the petitioner.

The petitioner states that to atone for his negligent conduct, he is ready and willing to deposit such costs as this Court may consider appropriate.

Accordingly, subject to deposits of Rs.25,000/- with Prime Ministers National Relief Fund within four weeks, the FIR and the proceedings arising therefrrm shall be quashed. The proof of payment be provided to the I.O. and whereafter the case shall be closed.

VIPIN SANGHI, J FEBRUARY 08, 2017 sr