Naresh Aggarwal v. State Of National Capital Territory Of Delhi Through Sho, Police Station, Hauz Khas & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6053/2024, CRL.M.A. 23137/2024,CRL.M.A. 23139/2024 NARESH AGGARWAL .....Petitioner Through:

Mr. Rono Mohanty and Mr. Jalaj Srivastava, Advocates.

versus STATE OF NATIONAL CAPITAL TERRITORY OF DELHI THROUGH SHO, POLICE STATION, HAUZ KHAS & ORS. .....Respondents Through:

Mr. Utkarsh, APP for the State with ASI Pradeep Kumar, P.S.:

Hauz Khas.

Mr. Jasbir Bidhuri, Advocate for R-2 and R-3.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 06.08.2024 CRL.M.A. 23138/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CRL.M.C. 6053/2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner seeks quashing of case FIR No. 970/2015 dated 05.09.2015 registered under CRL.M.C. 6053/2024 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 13/08/2024 at 12:31:12

sections 409/468/471 of the Indian Penal Code, 1860 at P.S.: Hauz Khas, New Delhi and chargesheet dated 24.11.2020 filed in the matter, which has culminated in the framing of charges vide order dated 25.11.2023 against the petitioner with a subsequent order dated 08.01.2024, whereby the matter was put-up for prosecution evidence and proceedings under section 294 of Cr.P.C. on 20.03.2024. 2.

At the outset, Mr. Utkarsh, learned APP appearing for the State submits, that the remedy of filing a revision petition before the Sessions Court is available to the petitioner, which the petitioner has omitted to avail; and the present petition seeking invocation of the inherent powers of this court is intended only to bypass the limitation for filing of the revision petition which has now expired. 3.

In the circumstances, this court is not persuaded to entertain the present petition, leaving it to the petitioner to file appropriate proceedings before the learned Sessions Court, as may be available, in accordance with law.

4.

By way of an abundant indulgence, it is observed that if a revision petition is filed before the learned Sessions Court alongwith an application seeking condonation of delay, the learned Sessions Court will consider such application sympathetically. 5.

The petition is disposed-of in the above terms. 6.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 6, 2024/ak CRL.M.C. 6053/2024 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 13/08/2024 at 12:31:12