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High Court of DelhiW.P.(CRL)/1461/2017

Arun Bhardwaj v. State NCT Of Delhi & ORS

2018-02-12Hon'Ble Ms. Justice Mukta Gupta2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1461/2017 ARUN BHARDWAJ ..... Petitioner Represented by:

Mr. Ramesh Gupta, Sr. Adv.

with Mr. K. Datta, Mr. Yash Mishra, Mr. Virat Anand, Ms.

Kamakshi Rao, Mr. Burjis Shabir, Ms. Moulshree Shukla, Advs.

versus STATE NCT OF DELHI & ORS ..... Respondent Represented by:

Mr. Avi Singh, ASC for State/ R-1 with Ms. Purnima Malik with Insp. Kuldeep Singh, SI Vikas Sahu PS Vikas Puri.

Mr. Kuldeep Balhara, Adv. for R-2 to 4.

Mr. Naresh Kumar, Adv. for R-5.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.02.2018 W.P.(CRL) 1461/2017 & Crl.M.A. 8107/2017 (stay) By this petition the petitioner seeks quashing of FIR No. 600/2016 under Sections 420/406/120B IPC registered at PS Vikas Puri. The grounds inter-alia on which the petitioner seeks quashing of the FIR are that no prima-facie case is made out against the petitioner in the FIR, petitioner is a victim of misrepresentation and mismanagement of the company, admittedly the respondent No.2/complainant never met the W.P.(CRL) 1461/2017

petitioner nor was the petitioner a signatory or a witness to the franchisee agreement and the allegations if any are purely civil in nature. Learned counsel for the petitioner states that since the investigation is in the progress at this stage he would not like to prejudice his case and raise all pleas available to him at a later stage, if need arises. Learned counsel for the petitioner seeks leave to withdraw this petition with liberty to file a petition seeking anticipatory bail as well as a fresh petition seeking quashing of the FIR in case need arises. Leave and liberty granted. Petition and application are dismissed as withdrawn. Crl.M.As. 10239/2017 (for impleadment by R-5) and Crl.M.A.10240/2017 (u/S. 340 Cr.P.C. by proposed R-5) Since writ petition and application for stay are being withdrawn, learned counsel for the respondent No.5 seeks leave to withdraw the applications.

Applications are dismissed as withdrawn.

Crl.M.A. 16146/2017 (for direction by R-2) Since writ petition and application for stay are being withdrawn, learned counsel for the respondent No.2 also seeks leave to withdraw this application.

Application is dismissed as withdrawn.

Order dasti.

MUKTA GUPTA, J.

FEBRUARY 12, 2018 'ga'

W.P.(CRL) 1461/2017