State v. Mukesh Patel @ Mukesh Kumar K. Patel

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1558/2016 & Crl.M.A.No.6672/2016 STATE ..... Petitioner Through:Mr.Ashish Dutta, APP versus MUKESH PATEL @ MUKESH KUMAR K. PATEL ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 16.07.2018 The State had filed this petition under Section 482 Code of Criminal Procedure, 1973 taking exception to the direction in the order dated 23.12.2015 of the special judge of the bail application No.10096 of the respondent in the context of FIR No.364/2015 under Section 406 IPC, P.S. Lahori Gate.

It appears that the Court of Sessions ( the Judge having wrongly referred to the power he was exercising in the impugned order) was not satisfied with the investigation carried out till that stage and thus directed the matter to be entrusted to another agency for impartial probe. The learned additional Public Prosecutor submits on instructions that the FIR has since been investigated by another officer to whom the matter was entrusted and that record was filed under Section 173 of the Code of Criminal Procedure which has since been accepted thereby bringing a CRL.M.C. 1558/2016

closure to the case.

In these circumstances, this petition cannot be survived for any adjudication and the same is disposed of accordingly. R.K.GAUBA, J JULY 16, 2018 Bisht CRL.M.C. 1558/2016