High Court of DelhiCRL.M.C./8259/2024

Shweta Jain & ANR. v. State Govt Of NCT Of Delhi & ANR.

2024-10-21Hon'Ble Mr. Justice Anoop Kumar Mendiratta2 pages

$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8259/2024 SHWETA JAIN & ANR.

.....Petitioners Through:

Mr. Puneet Khurana and Mr.Bharat Khurana, Advocates versus STATE GOVT OF NCT OF DELHI & ANR. .....Respondents Through:

Mr.Satinder Singh Bawa, APP for State with Insp. Sandeep Rathi and SI P.Buno, P.S. Madhu Vihar.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 21.10.2024 CRL.M.A. 31553/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

CRL.M.C. 8259/2024 & CRL.M.A. 31554/2024 1.

Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioners for setting aside summoning order dated 23.04.2024 passed by learned MM (Mahila Court-02), Shahdara District, Karkardooma Court, New Delhi in MC No.7/2024 arising out of FIR No. 0620/2022, under Sections 498A/406/34 IPC registered at P.S.: Madhu Vihar. Chargesheet has been filed under Sections 498A/406/34 IPC & Sections 3 and 4 of Dowry Prohibition Act. 2.

Learned APP for the State appears on advance notice. 3.

At this stage, learned counsel for the petitioners seeks to withdraw the 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 28/10/2024 at 13:00:34

petition without prejudice to the rights and contentions of the petitioners, with liberty to take all pleas at the stage of charge in the first instance. 4.

Taking the statement of learned counsel for the petitioners on record, petition is accordingly disposed of. It may be clarified that no opinion has been expressed on the merits of the case.

Learned Trial Court is further directed to make an endeavour to hear the arguments on the point of charge and pass order in accordance with law within a period of four weeks from the date of hearing fixed before the learned Trial Court.

Pending applications, if any, also stand disposed of. A copy of this order be forwarded to the learned Trial Court for information and compliance.

ANOOP KUMAR MENDIRATTA, J OCTOBER 21, 2024/v 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 28/10/2024 at 13:00:34