High Court of DelhiCRL.M.C./3430/2014

Omvir Shokeen v. State & Anrs

2017-11-23Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

$~20 to 23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3430/2014 & Crl.M.A. 11873/2014 OMVIR SHOKEEN ..... Petitioner versus STATE & ANRS ..... Respondents + CRL.M.C. 3431/2014 & Crl.M.A. 11876/2014 RAJESH KUMAR DAHIYA ..... Petitioner versus STATE & ANRS ..... Respondents + CRL.M.C. 3432/2014 & Crl.M.A. 11879/2014 MANISH KUMAR ..... Petitioner versus STATE & ANRS ..... Respondents + CRL.M.C. 3434/2014 & Crl.M.A. 11882/2014 ASHOK KUMAR ..... Petitioner versus STATE & ANRS ..... Respondents

Present:

Mr.Parvinder Chauhan and Mr.Nitin Jain, Advs. for petitioners in Crl.M.C.Nos. 3430/2014, 3431/2014, 3432/2014 & 3434/2014. Mr.Arun Kr. Sharma, APP for State/respondent No.1 in Crl.M.C. Nos. 3430/2014, 3431/2014, 3432/2014 & 3434/2014. Mr.Dinesh Saini and Mr.Akash Saini, Advs. for respondent No.2 with Respondent No.2 in person in Crl.M.C.Nos.3430/2014, 3431/2014, 3432/2014 & 3434/2014.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 23.11.2017 These four petitions have been filed under Section 482 of Code of Criminal Procedure, 1973 by the petitioners for quashing of FIR No.435/2014, registered at police station-Samaipur Badli for the offences punishable U/s 3(1) (x) of The Scheduled Castes & The Scheduled Tribes (Prevention of Atrocities) Act, 1989. CRL.M.C. 3430/2014 & connected matters

Counsel for the petitioner submits that in the present FIR chargesheet has been filed and the petitioners have been placed in column no.12 of the chargesheet; that the Trial Court has taken cognizance and summons have been issued against the petitioners; that the petitioners sought for quashing the aforesaid FIR and expunging their names from column no.12 on the ground that no case is made out against them; that they have not been named in the FIR; that their names have been inserted by the complainant just to harass them. Learned APP for State submits that the petitioners have not been arrested in the present case and the chargesheet has been filed without any arrest. Hence, there is no need for quashing of FIR.

At this stage, counsel for petitioner submits that liberty may be granted to him to approach the Trial Court and to file appropriate application for deleting their names from column no.12 of the chargesheet as well as for challenging the summoning order.

Keeping in view the submissions made, I deem it appropriate to grant four weeks time to the petitioners to move appropriate application before the Trial Court.

Till that time, no coercive steps shall be taken against the petitioners. The petitions stand disposed of.

Dasti to the parties under signature of the court master. SANGITA DHINGRA SEHGAL, J NOVEMBER 23, 2017/ssc