Daljeet Singh v. State ( Govt Of NCT Of Delhi) & ANR

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2056/2018 DALJEET SINGH .....Petitioner Through:

Mr.

Sumit Kumar, Ms.

Kumari Supriya and Mr. Nand Kishore Jha, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ANR .....Respondents Through:

Ms. Meenakshi Dahiya, APP for State with SI Harvinder Singh, Cyber Cell, Crime Branch.

Mr. Yashpriya Sahran, Advocate for R-3 along with R-3 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 23.01.2025 1.

The Petition under Section 482 of Criminal Procedure Code, 1973 has been filed for quashing of FIR No.79/2017 under Section 420/467 IPC essentially on the ground that there were two FIRs registered in respect of the same offence, one at Gurgaon and the other at Delhi. However, the learned Counsel submits that a closure report has been filed in the Gurgaon Court and has been allowed. 2.

After due investigations, the Chargesheet has been filed in the present case on 28.02.2024 in which the Petitioner has already put in his appearance.

3.

The learned Counsel for the Petitioner has placed reliance on Kailashben Mahendrabhai Patel and Ors. vs. State of Maharashtra 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 28/01/2025 at 14:23:12

and Anr., in SLP (Crl.) No. 4044/2018 decided on 25.09.2024, wherein the Apex Court has observed that the Hon'ble High Court in its jurisdiction under Section 482 has to examine the allegations with care and caution and has reiterated the same after relying on Mohammad Wajid vs. State of U.P., 2023 SCC OnLine SC 951. 4.

The Apex in Kailashben Mahendrabhai Patel (supra) has quashed the FIR, even though Chargesheet had been filed, because the Chargesheet had merely reproduced the contents of the Complaint and no offence was made out.

5.

The facts and circumstances of the present case are distinguishable. The Chargesheet has been filed for offences under Sections 468/471 of IPC and the same is fairly detailed and does not merely reproduce the contents of the Complaint. 6.

The quashing of FIR is a precursor for commencement of investigations but since the Chargesheet has been filed, the Petition is disposed of with liberty to the Petitioner to agitate all these grounds before the learned Trial Court.

NEENA BANSAL KRISHNA, J JANUARY 23, 2025 rk 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 28/01/2025 at 14:23:12