Uma Shanker Sharma & ORS v. Shri Devi Shanker Sharma & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2590/2018 & CRL.M.A. 9200/2018 UMA SHANKER SHARMA & ORS ..... Petitioners Through:

Mr. Mir Akhtar Hussain with Mr.

Rakesh Kumar Pant, Advocates along with petitioners.

versus SHRI DEVI SHANKER SHARMA & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 04.07.2018 The prayer in the petition at hand invoking the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) is to quash the criminal complaint registered as No. 520057/2016 and the proceedings arising therefrom as pending in the court of Metropolitan Magistrate, Central District, Tis Hazari Courts, at the instance of the first respondent. The counsel for the petitioners made reference to the previous civil litigation between the parties respecting the property which is the subject matter of the criminal complaint case as well. But then, the fact remains that the Magistrate is still in the process of holding an inquiry under Sections 200/202 Cr. P.C. into the said complaint for which purpose, it appears, some report from the police has also been called for. Concededly, as on date, there is no adverse order, not the least summoning order passed against the petitioners.

CRL.M.C. 2590/2018

In these facts and circumstances and at this stage of the proceedings, there is no case made out for this Court to exercise its extraordinary jurisdiction to quash the proceedings arising out of the criminal complaint case, there being no justification to curtail the said inquiry process.

The petition and the pending application are dismissed. R.K.GAUBA, J JULY 04, 2018 srb CRL.M.C. 2590/2018