High Court of DelhiCRL.M.C./958/2015

Mahavir Singh v. State Of ( NCT) Delhi & ORS

2015-03-11Hon'Ble Mr. Justice Sunil Gaur2 pages

* IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: March 11, 2015 + CRL.M.C. 958/2015 & Crl. M.A.No.3591/2015 MAHAVIR SINGH ..... Petitioner Through:

Mr. M.L. Choudhary, Advocate with petitioner in person versus STATE OF ( NCT) DELHI & ORS.

..... Respondents Through:

Mr. Vinod Diwakar, Additional Public Prosecutor for respondent No.1-State with SI Raj Kumar Respondents No.2 to 4 in person

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

JUDGMENT

% (ORAL) In this petition, quashing of FIR No. 814/2014, under Section 308/34 of the IPC, registered at police station Neb Sarai, Delhi is sought by petitioner on the basis of misunderstanding being cleared amongst the parties.

Mr. Vinod Diwakar, learned Additional Public Prosecutor accepts notice of this petition on behalf of respondent-State and submits that respondents No.2 is the first-informant and injured in this FIR and he has been identified to be so by SI Raj Kumar, Investigating Officer of this case. Learned Additional Public Prosecutor for respondent-State further submits that respondents No.3 & 4 had also sustained injuries in the Crl.M.C.No.958/2015

incident in question and respondent No.3 is present in the Court and he has been also indentified as the injured by SI Raj Kumar, Investigating Officer of this case.

Learned counsel for petitioner submits that respondent No.4, who is another injured in this case, cannot appear before this Court today due to personal difficulty but his affidavit of 20th December, 2014 supporting this petition is on record.

Respondents No.2 & 3 affirm the contents of their affidavits of 20th December, 2014 on record in support of this petition. Learned Additional Public Prosecutor for respondent-State submits that investigation in this case is almost complete and after completion of the investigation, supplementary statements of respondent No.2/ firstinformant as well as respondents No.3 & 4 would be recorded and in view of the affidavits of the parties, final report will be filed before the trial court within a period of four weeks.

Let it be so done.

This petition and applications are accordingly disposed of with liberty to petitioner to avail of the remedy as available in the law, if need be.

Dasti.

(SUNIL GAUR) JUDGE MARCH 11, 2015 r Crl.M.C.No.958/2015