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High Court of DelhiCRL.M.C./4380/2018

Sureshta Malhotra & ANR. v. State (NCT Of Delhi & ANR.

2018-08-29Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4380/2018, CRL MA 30938-939/2018 SURESHTA MALHOTRA & ANR.

..... Petitioners Through Mr. M Tarique Siddiqui, Adv versus STATE (NCT OF DELHI & ANR.

..... Respondents Through Ms. Aasha Tiwari, APP for State SI Vikram Singh, PS Greater Kailash

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.08.2018 Petitioners have assailed order dated 23rd July, 2018 whereby learned Additional Sessions Judge has set aside order of learned Metropolitan Magistrate discharging the petitioners and matter was been remanded back to the learned Metropolitan Magistrate to hear the arguments on charge and pass order in accordance with law. Learned Additional Sessions Judge was of the view that order of discharge dated 23rd July, 2016 was non-reasoned order.

I have perused the order passed by the learned Metropolitan Magistrate and find it to be a non-reasoned order. Accordingly, I do not find any perversity in the impugned order.

Petition is dismissed with costs of `15,000/- to be deposited with Kerala Chief Minister's Distress Relief Fund within one week. Registry shall not entertain any fresh petition of the petitioners unless receipt of the costs is annexed therewith.

Miscellaneous applications are disposed of as infructuous.

A.K. PATHAK, J AUGUST 29, 2018/sm