Kailash Prasad & ORS v. State

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1563/2013 KAILASH PRASAD & ORS ..... Petitioner Through:

None.

versus STATE ..... Respondent Through:

Mr.G.M.Farooqui, APP.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 21.07.2016 The present petition has been filed under Section 482 of Code of Criminal Procedure seeking quashing the order dated 20.02.2013 whereby charges framed against the petitioners under Section 406/34 IPC vide order dated 09.05.2012 have been upheld. The petition came up for hearing on 22.04.2013 when notice was issued in the petition and the Trial Court Record was requisitioned.

Thereafter, the matter was adjourned on five dates at the request of the petitioners i.e. on 19.08.2013, 07.10.2013, 15.04.2014, 12.09.2014 and 20.01.2015 when it was adjourned to 28.04.2015. On

28.04.2015, on the oral request of the learned counsel for the petitioners, complainant/first-informant in the FIR was impleaded as second respondent in the matter. On petitioner taking steps within a week, the amended memo of parties was directed to be filed within a week. The matter was adjourned to 17.09.2015. However no steps were taken by the petitioners to file the amended memo of the parties. The petitioner was directed to comply with the order dated 28.04.2015 within a period of seven days. The matter was adjourned to 15.12.2015. On 15.12.2015, notice was directed to be issued to the newly impleaded respondent returnable for 18.03.2016. Again, steps were not taken by the petitioner. Today again, nobody has appeared for the petitioners.

It appears that the petitioners are not interested in prosecuting the matter.

Dismissed for non prosecution.

P.S.TEJI, J JULY 21, 2016/dm