Jasbir Singh v. State NCT Of Delhi & ANR.

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 28/2017 JASBIR SINGH ..... Petitioner Through:

Mr.

Prasoon Kumar and Mr.

Kshitij Kumar, Advocates versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr.

M.S.

Oberoi, Additional Public Prosecutor for State Mr. Ravi Shankar Garg, Advocate for Respondent No. 2

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 21.01.2019 Crl.M.A. 14476/2017 (Exemptions) Allowed, subject to all just exceptions.

Crl.M.A. 14477/2017 (for Delay) There is delay of 70 days in filing reply to the petition. For the reasons stated in the application, it is allowed and the delay is condoned.

The application is disposed of.

CRL.M.C. 28/2017 Impugned order of 26th August, 2016 grants bail to respondent while making observations regarding propriety of lodging of the FIR in question and a direction has been issued to the concerned Commissioner of Income Tax Department to reopen the assessment case of petitioner for the relevant period.

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Learned counsel for petitioner submits that observations made from second para of page 9 to page 11 of the impugned order, are unwarranted as FIR was registered regarding the invoices, and so the observations made in the aforesaid paragraphs are uncalled for. Learned counsel for respondent submits that aforesaid observations have been made by the Court suo moto.

Upon hearing and on perusal of the impugned order, I find that there is no justification for making observations in the last three pages of the impugned order, as it would impact upon the merits of the case before the trial court.

Accordingly, the observations made from second paragraph of page 9 to page 11 of the impugned order are hereby expunged. With aforesaid directions, this petition is accordingly disposed of, while not commenting upon the merits of the case. (SUNIL GAUR) JUDGE JANUARY 21, 2019 p'ma Page | 2