High Court of DelhiCRL.M.C./3948/2018

Yashwant Singh v. State Of NCT Of Delhi & ANR.

2018-08-07Hon'Ble Mr. Justice R.K.Gauba2 pages

$~ 49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3948/2018 & CRL.M.A. 29428/2018 YASHWANT SINGH ..... Petitioner Through:

Mr. Mohit Chaudhary with Mr. Kunal Sachdeva & Ms. Sristi Gupta, Advocates.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Akshai Malik, APP for State with SI Laxman Choudhary, P.S. Greater Kailash-I.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 07.08.2018 Though the petition at hand invoking the inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure, 1973 has been filed praying for quashing of the proceedings arising out of FIR No.463/2014 of Police Station Greater Kailash for the offence punishable under Section 509/34 IPC for which the petitioner along with two others statedly has been summoned as accused, at the hearing, the learned counsel for the petitioner submitted that he would not press for any such relief at this stage, his prayer being restricted to the trial of the afore-mentioned case to be held simultaneously with cross case arising out of FIR No.485/2014 of Police Station Greater Kailash registered at his instance against the opposite party involving offences punishable under Sections 323/325/452/506 IPC by the same court.

CRL.M.C. 3948/2018

The learned Additional Public Prosecutor submits no objection to the prayer to above effect. It is conceded by all sides that chargesheets in both cases - they arising out of cross FIRs - have since been filed upon completion of investigation and that charge has already been framed in the case arising out of FIR No.485/2014 while the question of charge is yet to be considered in the case arising out of case from which the present petition arises, i.e. FIR No.463/2014. Given this background, it is directed that the concerned Metropolitan Magistrate shall consider the question of charge in the case against the petitioner and others arising out of FIR No.463/2014 on the date next fixed and in the event of charge being framed, try the said case alongside and simultaneously with the other criminal case taking them to logical conclusion by judgments to be rendered on the same date.

The petition and the accompanying application are disposed of with these directions.

Dasti.

R.K.GAUBA, J AUGUST 07, 2018 srb CRL.M.C. 3948/2018