High Court of DelhiCRL.M.C./1558/2018

Sajid v. The State ( Govt Of NCT Of Delhi) & ANR

2018-04-02Hon'Ble Ms. Justice Anu Malhotra2 pages

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1558/2018 & CRL.M.A. 5649/2018 SAJID ..... Petitioner Through Mr. Adarsh Kumar, Adv.

versus THE STATE ( GOVT OF NCT OF DELHI) & ANR..... Respondent Through Mr. Kewal Singh Ahuja, APP for State with Insp. Sanjay Neolia, Narcotics Cell, Crime Branch.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 02.04.2018 CRL.M.A. 5649/2018 CRL.M.A. 5649/2018 is an application filed on behalf of the petitioner seeking exemption from filing certified copies of the annexures. The same is allowed, subject to just exceptions. The application is disposed of.

CRL.M.C. 1558/2018 Vide the present petition, the petitioner seeks quashing of proceedings arising out of the FIR No. 64/09, registered at PS Crime Branch, Delhi under Sections 399/402 of the Indian Penal Code, 1860. A bare perusal of the Annexure-P2 annexed to the petition, which is the certified copy of the judgment dated 10.10.2017 of the learned ASJ-02, Special Judge (NDPS) / KKD/East and certified copy of the proceedings CRL.M.C. 1558/2018

dated 10.10.2017 in relation thereto categorically indicates that apart from other accused persons therein the petitioner has been acquitted for the offences punishable under Sections 399/402 of the Indian Penal Code, 1860 and under Section 25 Arms Act, 1959, which is also affirmed by the Investigating Officer.

Learned counsel for the petitioner in reply to a specific Court query submits that the requisite bond under Section 437A of the Code of Criminal Procedure, 1973 has already been furnished.

In view of the averments made on behalf of the State affirming the aspect of the judgment dated 10.10.2017 acquitting the petitioner in relation to the FIR No. 64/09, registered at PS Crime Branch, Delhi under Sections 399/402 of the Indian Penal Code, 1860 and under Section 25 Arms Act, 1959 and also the statement of the Investigating Officer in reply to a specific Court query to the effect that no appeal has been filed against the same and the submission of the learned APP for the State that there is no appeal contemplated against the said judgment, there is nothing more that survives in the present petition.

The petition is disposed of.

ANU MALHOTRA, J APRIL 02, 2018/MK CRL.M.C. 1558/2018