High Court of DelhiCRL.M.C./781/2017

Mrs Kulan Rukhsana Amin v. State & ORS

2017-08-08Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 781/2017 MRS KULAN RUKHSANA AMIN ..... Petitioner Through:

Mr.S.S.Juhar, Advocate alongwith Petitioner.

versus STATE & ORS ..... Respondents Through:

Mr. Akshai Malik, APP for the State with Inspector Vinod Gandhi from EOW, Crime Branch, New Delhi Mr.Siddharth Agarwal, Mr.Biji Rajesh, Ms.Shivani Kher, Mr.Rajeev Yadav & Mr.Rakesh Lakra, Advocates for R-2 & 3.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 08.08.2017 The instant Criminal Miscellaneous Petition under Section 482 Cr.PC has been preferred by the petitioner seeking quashing of order dated 16.01.2017 of the Court of Additional Sessions Judge, Special Fast Track Court, Saket Courts, New Delhi, passed in Criminal Revision Petition Nos. 204856/2016 and 204878/2016.

During the course of arguments, it is submitted by Counsel for the respondents that the case FIR No. 255/2016, Police Station-Jamia Nagar out of which the impugned order dated 28.09.2016 and 13.10.2016 passed by Metropolitan Magistrate, South-East, Saket Courts, New Delhi, in Complaint Case No.634280/2016 and the order dated 16.01.2017 disposing CRL.M.C. 781/2017

of the revision petition by the Additional Sessions Judge, Special Fast Track Court, Saket Courts, New Delhi, culminate, a closure report has been filed on 23.01.2017.

At the outset, counsel for the petitioner has taken up an objection that the respondents have no locus standi, however, it is agreed between the parties that since the closure report is pending consideration before the Metropolitan Magistrate, South-East, Saket Courts, New Delhi, the protest petition shall be filed expeditiously before the Court concerned. The orders dated 28.09.2016 and 13.10.2016 passed in Complaint Case No.634280/2016 by Metropolitan Magistrate, South-East, Saket Courts, New Delhi and order dated 16.01.2017 passed by Additional Sessions Judge in Criminal Revision Petition Nos. 204856/2016 and 204878/2016 shall not come in the way of the concerned Court while deciding whether to act upon the closure report or to proceed with it, in accordance with law.

In view of the above, the present petition is dismissed as withdrawn by the counsel for the petitioner.

Crl.M.A.No.11921/2017 (directions) In view of above agreed terms, counsel for the applicant does not wish to press this application at this stage. Accordingly the application is disposed of.

SANGITA DHINGRA SEHGAL, J AUGUST 08, 2017/ssc CRL.M.C. 781/2017