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High Court of DelhiCRL.M.C./3391/2018

Swati Chaturvedi v. Tajinder Pal Singh Bagga

2018-12-04Hon'Ble Ms. Justice Rekha Palli2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3391/2018 & Crl.M.A. No.________/2018 (for delay in filing the reply), 12280/2018 (for stay) SWATI CHATURVEDI ..... Petitioner Through:

Mr.Arvind K. Nigam, Sr. Adv. with Mr.Pranav Sachdev, Mr.Jain Bhardwaj, Mr.Mikhil Sharda & Mr.P.

Kaushal, Advs.

versus TAJINDER PAL SINGH BAGGA ..... Respondent Through:

Ms.Monika Arora with Mr.Alakh Alok Srivastava & Mr.Kushal Kumar, Advs.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 04.12.2018 1.

At the outset, Ms.Monika Arora, learned counsel for the respondent takes a preliminary objection that the present petition is not maintainable before this Court in view of the statutory remedy of revision available to the petitioner under Section 397 Cr.P.C. 2.

In view of the aforesaid objection taken by the learned counsel for the respondent, learned senior counsel for the petitioner on instructions, does not press the present petition and seeks leave to withdraw the same with liberty to exercise the statutory remedy of revision. He, however, prays that the petitioner be granted interim

protection in the meanwhile.

3.

Accordingly, the petition and the pending applications are dismissed as withdrawn with liberty as prayed for. In the facts of the present case, it is directed that the learned Trial Court will not proceed with the matter for a period of four weeks from today. It is, however, clarified that this Court has not examined the merits of the petition.

Dasti.

REKHA PALLI, J DECEMBER 04, 2018 gm