Meera Giri v. Wahid & ORS

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 851/2018 MEERA GIRI ..... Appellant Through None versus WAHID & ORS ..... Respondents Through Mr.

Sulaiman Mohd.

Khan (DHCLSC), Advocate along with Ms.

Taiba Khan, Ms. Vyakhya Pandey and Mr. Mohit Rastogi, Advocates for respondents/applicants-Wahid, Rashid and Shrawan Noor.

Mr. Ravi Nayak, APP for State/R-9.

W/SI Sukda, P.S. Uttam Nagar.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 10.02.2020 Crl. MA No. 42907/2019 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.

Crl. M.A. No.42906/2019 (under Section 482 Cr.PC on behalf of R-1, 2 & 3 for discharging their sureties and for removing of endorsement on the FDR of their sureties) The present application under Section 482 of Code of Criminal Procedure, 1973, has been instituted on behalf of Mr. Wahid @ Wazid @ Sahil s/o Mr. Shrawan Noor, Mr. Rashid s/o Shrawan Noor and Mr. Shrawan Noor, praying as follows:-

"That it is humbly prayed from this Hon'ble Court that it may kindly be pleased to:

a) Pass an order for discharging the sureties and removing the endorsement on the FDRs furnished by the sureties of the Applicant no. 1, 2 to 3. b) Any other or further order(s) which this Hon'ble Court deem fit, just and proper under the facts and circumstances of the case, may also be passed in favour of the appellant, in the interest of justice." It is an admitted position that the appeal instituted on behalf of the victim assailing therein, the judgment of the trial court acquitting the abovenamed applicants, was dismissed by this Court vide judgment and order dated 29th July, 2019.

It is further an admitted position that, neither the State nor the victim has carried the said judgment and order dated 29th July, 2019, upholding the acquittal of the above-named applicants, by way of an appeal. It is in this backdrop, the present application has been instituted praying for directions qua the discharge of the sureties furnished on behalf of the above-named applicants and removing the endorsements, if any, on the Fixed Deposit Receipts (FDRs) furnished by the sureties on behalf of the applicants.

Mr. Ravi Nayak, learned APP appearing on behalf of the State does not refute the above-stated factual and legal position, insofar as it relates to the State.

Resultantly, the present application is allowed and disposed of. The Registry is directed to discharge the sureties furnished on behalf of the applicants, namely, Mr. Wahid @ Wazid @ Sahil s/o Mr. Shrawan Noor,

Mr. Rashid s/o Shrawan Noor and Mr. Shrawan Noor, forthwith and remove any endorsements on the Fixed Deposit Receipts (FDRs) furnished by them on behalf of the applicants.

SIDDHARTH MRIDUL, J I.S.MEHTA, J FEBRUARY 10, 2020 RS