Rizwan Hashmi v. State NCT Of Delhi & ORS

$~12 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3326/2016 RIZWAN HASHMI ..... Petitioner Through Mr.K.K. Sharma, Adv. with Mr.S.

Khan, Adv.

versus STATE NCT OF DELHI & ORS ..... Respondents Through:

Mr.Rahul Mehra, Standing Counsel (Crl.) and Mr.Tushar Sannu, Advs.

for the State along with Insp. M.P.

Saini.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 22.11.2016 This is a petition under Article 226 of the Constitution of India filed by the petitioner seeking production of his wife. When the matter came up for hearing on 21st November, 2016, a status report was handed over in Court by the State. As per the status report, an FIR bearing No.161/16 dated 18.05.2016, under Sections 363/366/376/506/120B IPC and 3 and 4 POCSO Act was registered against the petitioner and co-accused Mohd. Zain at Police Station Mandi Kotwali, Saharanpur, UP, on the complaint of Mr.Ayyub Ahmad, father of Afreen. Afreen is stated to be a minor. It is also pointed out by the counsel for the State that the address mentioned in this petition is false. Inquiries have revealed that the petitioner was residing at this address as a tenant six years back and has vacated the said premises.

We are informed by Mr.Mehra, learned Standing counsel for the

State, that the proceedings under Sections 82 and 83 Cr.P.C. have been concluded and the petitioner has been declared as an absconder. Counsel for the petitioner submits that all the allegations made against the petitioner are false and fabricated.

We had asked the petitioner to remain present in Court today. Learned counsel for the petitioner submits that he has instructions to withdraw this petition.

The petition is dismissed as not pressed.

G.S.SISTANI, J.

VINOD GOEL, J.

NOVEMBER 22, 2016/jitender