Ashish Raheja & ANR. v. State Gnct Of Delhi And ANR.

$~66 to 75 * IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 9055/2023 & CRL.M.As. 33852-53/2023 CRL.M.C. 9056/2023 & CRL.M.As. 33854-55/2023 CRL.M.C. 9057/2023 & CRL.M.As. 33856-57/2023 CRL.M.C. 9058/2023 & CRL.M.As. 33858-59/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CRL.M.C. 9059/2023 & CRL.M.As. 33860-61/2023 CRL.M.C. 9060/2023 & CRL.M.As. 33862-63/2023 CRL.M.C. 9061/2023 & CRL.M.As. 33864-65/2023 CRL.M.C. 9062/2023 & CRL.M.As. 33866-67/2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

CRL.M.C. 9063/2023 & CRL.M.As. 33868-69/2023 CRL.M.C. 9064/2023 & CRL.M.As. 33870-71/2023

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 28.05.2024 1.

Learned counsel for the parties submit that the impugned order has been passed without taking note of the case law(s) cited by them. 2.

Considering the aforesaid submissions, the impugned order is set aside and the matters are remanded back.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The learned MM shall consider the issue afresh in view of the decision in Damodar S. Prabhu v. Sayed Babalal H, reported as (2010) 5 SCC 663 as well as subsequent decisions.

3.

Needless to state that this Court has not expressed any opinion on the merits of the cases.

4.

The petitions are disposed of in above terms along with pending applications.

MANOJ KUMAR OHRI, J MAY 28, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.