Anil v. State Govt. Of NCT Of Delhi
$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3911/2024 & CRL.M.A. 37764/2024 ANIL .....Petitioner Through:
Mr. Lokesh Ahlawat, Advocate with Petitioner in person versus STATE GOVT. OF NCT OF DELHI .....Respondent Through:
Mr. Sanjay Lao, Standing Counsel for the State SI Vikram Paul, PS I.P. Estate
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 12.02.2025 CRL.M.A. 37764/2024 (for exemption) 1.
Allowed, subject to all just exceptions.
2.
The application stands disposed of.
W.P.(CRL) 3911/2024 3.
The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') [Section 482 of the Code of Criminal Procedure, 1973 ('Cr. P.C.')] seeking quashing of the FIR bearing No. 0311/2024 dated 06.10.2024 registered under Sections 281/125(a) Bharatiya Nyaya Sanhita, 2023 ('BNS') registered at Police Station (P.S.) I.P. State, District: Central, Delhi.
4.
Learned counsel for the Petitioner states that the subject FIR has been registered on his compliant. He states that on 05.10.2024 at midnight at about 12:30 A.M., the Petitioner along with his wife and his daughter was riding on his brother-in-law's bike and the vehicle slipped on the road. He W.P.(CRL) 3911/2024 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 15/02/2025 at 12:15:00
states that due to the said slipping the Petitioner, his wife and his daughter were injured. He states that a passerby took the Petitioner and his family to LNJP hospital; and subsequently on 06.10.2024, the subject FIR came to be registered against the unknown person.
4.1. He states that the Petitioner has already submitted a written application to the SHO, PS I.P. Estate District Central Delhi that there was no other vehicle involved in the accident and the slipping happened while steering the motor-bike on a steep turn.
4.2. He states that in these peculiar facts, the Petitioner herein has filed this petition seeking quashing.
5.
Learned Standing Counsel states that during the preliminary investigation, the police have not been able to ascertain presence of any other vehicle on the road, at the spot of slipping and the contention of the Petitioner appears to be correct.
5.1 He states that the Investigating Officer (I.O.) is in the process of filing a final report on or before 25.02.2025 reporting 'untraceable'. 6.
In these facts, considering that the police have concluded its investigation and is in the process of filing final report which will lead to the closure of the FIR, it appears that the relief sought in the present petition is already satisfied.
7.
Accordingly, the present petition along with pending applications is disposed of in view of the aforesaid statement of the prosecution. However, in case, the Petitioner remains aggrieved, he shall be at liberty to revive this petition.
MANMEET PRITAM SINGH ARORA, J FEBRUARY 12, 2025/msh/sk W.P.(CRL) 3911/2024 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 15/02/2025 at 12:15:00