Bhagwan Swarup Mathur & ORS v. State (NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3543/2018 and Crl.M.A.28040-28041/2018, 28043/2018, 49968/2018 BHAGWAN SWARUP MATHUR & ORS ..... Petitioners Through:

Mr. Neeraj Gupta, Advocate with Ms. Tajinder Kaur, Advocate versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Raghuvinder Varma, APP for the State with SI Brijesh Kumar PS S.J.

Enclave.

Mr. Shishir Mathur, Advocate for R2.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 25.03.2019 The petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) is to seek quashing of the proceedings arising out of final report (charge sheet) under Section 173 Cr.P.C. submitted by the police on conclusion of investigation into case FIR No.18/2017, under Sections 420/406/34 of Indian Penal Code, 1860 (IPC) of Police Station Safdurjung Enclave.

The petitioners through counsel fairly concedes that the charge sheet having already been filed, cognizance having been taken, the ordinary course would be to raise arguments against framing of charge before the concerned criminal court.

CRL.M.C. 3543/2018

The counsel for the petitioners, now having taken instructions, submits that he may be allowed to withdraw the present petition and the applications filed therewith, reserving the right to raise contentions set out in the petition at the stage of consideration of charge before the concerned criminal court, he also seeking liberty to move the said court by an application seeking exemption from personal appearance on behalf of the petitioners.

The petition and the applications filed therewith are dismissed as withdrawn. The contentions raised by the petitioners in this petition are kept open and may be agitated before the concerned criminal court at the time of consideration of charge.

The petitioners may move the application for exemption from personal appearance before the concerned criminal court which shall deal with the said matter as per law.

Dasti under the signature of Court Master.

R.K.GAUBA, J.

MARCH 25, 2019 vk CRL.M.C. 3543/2018