High Court of DelhiCRL.M.C./3495/2016

Dalbir v. State Of NCT Of Delhi &ANR.

2016-09-21Hon'Ble Ms. Justice Mukta Gupta2 pages

42# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3495/2016 DALBIR ..... Petitioner Represented by:

Mr. Subhashish Mohanty and Mr. Arvind Kumar, Advocates.

versus STATE OF NCT OF DELHI &ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Ajay Kumar, DCP Office, South West.

Mr. Mukesh Gupta, Standing Counsel for North MCD/respondent No.2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 21.09.2016 Crl. M.A. No. 14749/2016 (Exemption) Allowed, subject to all just exceptions.

CRL.M.C. 3495/2016 By the present petition the petitioner seeks quashing of FIR No. 295/2010 under Sections 147/148/149/186/353/332/506/427 IPC and Sections 3 and 4 of the Delhi Prevention of Defacement of Property Act, 2007 registered on 20th June, 2010 and the proceedings pursuant thereto on the ground that the same is barred by Section 468 Cr.P.C. as the limitation provided for taking cognizance is only three years. Learned counsel for the petitioner admits that till date no cognizance CRL.M.C. 3495/2016

of the offences has been taken by the learned Trial Court. Thus the petition is premature.

After some arguments, learned counsel for the petitioner seeks leave to withdraw the present petition with liberty to file a fresh petition in case the cause of action arises and cognizance is taken by the Court on a charge sheet belatedly.

Leave and liberty granted.

Petition is dismissed as withdrawn.

MUKTA GUPTA, J.

SEPTEMBER 21, 2016 'vn'

CRL.M.C. 3495/2016