Kavita Rani Goyal v. Sumit Bansal

$~98 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7671/2024 & CRL.M.As. 29247-48/2024 KAVITA RANI GOYAL .....Petitioner Through:

Dr. Harshvir Pratap Sharma, Senior Advocate with Mr. Akul Krishnan & Mr. Sarvan Kumar, Advocates.

versus SUMIT BANSAL .....Respondent Through:

Mr. Rameezuddin Raja and Ms.

Tanya Sharma, Advocates.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 04.10.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner seeking following relief:- "a. Quash the order of issuance of the Non Bailable Warrant issued as against the Petitioner herein in Ct. Case 2823/2019 dated 22.08.2024 passed by the Ld. Judicial Magistrate First Class 03, Rohini, Delhi."

2.

Heard learned counsel for the parties and perused the contents made in the instant petition.

3.

After some length of arguments, learned senior counsel appearing on behalf of the petitioner prayed for leave to appear before the learned Trial Court. He also prayed for a direction to the Court concerned to adjudicate the application to be filed for cancellation of Non-Bailable Warrants issued 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 02/07/2025 at 09:18:17

on 22nd August, 2024 and pass a reasoned order thereto. 4.

Mr. Rameezuddin, learned counsel appearing on behalf of the respondent vehemently opposed the instant petition on merit, however, he has no objection to the innocuous prayer made by the learned senior counsel appearing on behalf of the petitioner, being allowed. 5.

Leave, as prayed for, is granted. Petitioner is directed to appear before the learned Trial Court and file an application within ten days seeking cancellation of the Non-Bailable Warrants issued on 22nd August, 2024 in Ct. Case No.2823/2019. The learned Trial Court is directed to consider the said application and decide the same, in accordane with law, by way of passing a speaking and reasoned order. 6.

The order dated 22nd August, 2024 shall be kept in abeyance till the decision on the abovesaid applicaton. It is made clear that if the petitioner fails to appear and file an application seeking cancellation of Non-Bailable Warrants, within ten days as prayed, there shall be no stay on the order dated 22nd August, 2024 thereafter.

7.

In view of the aforesaid, the instant petition is disposed of alongwith pending applications, if any.

CHANDRA DHARI SINGH, J OCTOBER 4, 2024 NA/ryp Click here to check corrigendum, if any 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 02/07/2025 at 09:18:17