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High Court of DelhiW.P.(CRL)/1678/2016

Laxmi Devi v. State (Govt. Of NCT Of Delhi)

2017-04-28Hon'Ble Mr. Justice P.S.Teji2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1678/2016 LAXMI DEVI ..... Petitioner Through:

Mr. M.L. Yadav, Advocate versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through:

Mr. Tarang Srivastava, APP for the State with Mr. Ashish Negi, Adv.

ASI Rameshwar

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 28.04.2017 The learned counsel for the petitioner submits that he may be allowed to withdraw the petition with liberty to urge all necessary contentions by way of protest petition in the event of the police filing a report under Section 173 Cr.P.C. seeking to close the case. He, however, also submits that appropriate directions may be given for a notice to be given to the petitioner by concerned court of Magistrate after the report under Section 173 Cr.P.C. has been submitted.

The learned Metropolitan Magistrate having the jurisdiction is directed to issue notice to the petitioner in the event of a report under Section 173 Cr.P.C. being submitted on conclusion of case FIR No.1/2016, under Section 302/34 IPC of Police Station R.K.Puram seeking to close the case and to hear the petitioner on her protest petition, if any, submitted at such stage. W.P.(CRL) 1678/2016

With liberty being granted to the petitioner to urge all relevant contentions in accordance with law at such proceedings as aforesaid, this petition is disposed of.

Copy of the order be given Dasti.

Copy of the order shall also be communicated to the concerned Metropolitan Magistrate.

R.K.GAUBA, J.

APRIL 28, 2017 vk W.P.(CRL) 1678/2016