Rajneesh Ahuja And ORS v. The State Govt Of NCT Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 1068/2024, CRL.M.A. 25578/2024 & CRL.M.A. 25579/2024 RAJNEESH AHUJA AND ORS .....Petitioners Through:

Mr.

Samman Vardhan Gautam & Mr. Pulkit Arora, Advs.

versus THE STATE GOVT OF NCT OF DELHI AND ORS .....Respondents Through:

Mr.

Naresh Kumar Chahar, APP for the State along with Mr.

Abhimanyu Kartikey Bhardwaj, Mr., Ambar Kaushik & Mr Kaushal Sharma, Advocates.

SI Ramchandra (P.S.

EOW).

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 28.08.2024 1.

The order dated 21.01.2023, passed by the learned Chief Metropolitan Magistrate, Rohini Courts, Delhi dismissing an application filed by the petitioner under Section 156 (3) of the Code of Criminal Procedure, 1973 ('CrPC'), is revisable under Section 397 of the CrPC, before the learned Court of Sessions. 2.

The learned counsel for the petitioner relies upon the judgement in the case of CBI v. State of Gujarat : (2007) 6 SCC 156 to contend that existence of alternate remedy will not deter the High Court to entertain a petition under Section 482 of the CrPC.

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 30/08/2024 at 12:52:48

3.

In view of the alternate remedy, this Court does not consider it apposite to entertain the present petition. 4.

The petitioner is at liberty to file an appropriate petition before the learned Court of Sessions.

5.

It is clarified that if any application seeking condonation of delay is filed, the same may be adjudicated on its own merits and this Court has not commented anything in that regard. 6.

The petition is dismissed in the aforesaid terms. AMIT MAHAJAN, J AUGUST 28, 2024 'Aman'

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 30/08/2024 at 12:52:48