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High Court of DelhiW.P.(CRL)/614/2017

Xyz v. State

2017-05-26Hon'Ble Mr. Justice R.K.Gauba2 pages

$~57 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 614/2017 XYZ ..... Petitioner Through:

Mr. J. Sai Deepak, Advocate with Mr. Piyush Singh, Adv. & Mr. Ashutosh Nagar, Advocate versus STATE ..... Respondent Through:

Ms. Nandita Rao, ASC (Crl.) with Mr.Archit Vashistha, Adv.

Mr. Ankit Chouhan, ACP & Insp. Rajeev Bhardwaj, SHO PS Punjabi Bagh, W/ASI Rekha.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.05.2017 The Assistant Commissioner of Police, In charge of the Division is present with Station House Officer of Police Station Punjabi Bagh. He submits that the investigation has been concluded and the report under Section 173 Cr.P.C. would be submitted in the court of Metropolitan Magistrate within ten days.

The learned Additional Standing Counsel, on instructions, submits that the State is agreeable that upon the filing of the report under Section 173 Cr.P.C. simultaneously a notice of such event shall be given to the petitioner/the first informant giving her opportunity to appear before the court of Metropolitan Magistrate and make her submissions, as deemed necessary.

W.P.(CRL) 614/2017

Given the contentions urged in the petition at hand, it would be proper that the concerned Metropolitan Magistrate considering the report of investigation shall also ensure the presence of the petitioner by issuing notice to her and taking into consideration her submissions, if any, before passing any order in the nature of taking of cognizance or issuing any further directions.

Ordered accordingly.

The learned counsel for the petitioner agrees to the above arrangement and submits that he may be allowed to withdraw the present petition, reserving the right to raise all the contentions urged here before the Metropolitan Magistrate at appropriate stage. The petition is disposed of in above terms.

Copy of the order be given Dasti to all sides under the signature of Court Master.

Copy of the order shall also be communicated to the concerned Metropolitan Magistrate.

R.K.GAUBA, J.

MAY 26, 2017 vk W.P.(CRL) 614/2017