Vishal Sharma v. The State Of NCT Of Delhi & ORS

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3403/2017 VISHAL SHARMA ..... Petitioner Through:

Mr.Mohit Mathur, Sr. Adv. with Mr.Sudarshan Rajan and Mr.Karanjot Singh, Advs.

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

Mr.Hirein Sharma, APP for State SI Ramesh Singh, PS-Subzi Mandi

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 28.08.2017 CRL.M.A.13907/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3403/2017 By way of the present petition, the petitioner assails the impugned order dated 14.07.2017 passed by the learned Metropolitan Magistrate-07 (Central), Tis Hazari Courts, Delhi whereby the Court below dismissed the application under Section 156(3) Cr.P.C and did not proceed with the complaint case under Section 200 Cr.P.C.

Learned senior counsel appearing for the petitioner has submitted that the impugned order deviates from judicious mind and relied upon the judgment of the Hon'ble Supreme Court in the case of Madhao vs. State of Maharashtra (2013) 5 SCC 615 and submitted that while dismissing the application under Section 156 (3) Cr.P.C, the learned Magistrate did not

proceed with the complaint case under Section 200 Cr.P.C which is contrary to the mandate of Madhao (supra).

I have perused the impugned order dated 14.07.2017. A perusal of the impugned order reveals that no opportunity is given to the petitioner to lead evidence on the complaint case under Section 200 Cr.P.C. Consequently, the impugned order dated 14.07.2017 is set aside and the Court below is directed to look into the matter afresh and proceed the matter in accordance with law. Petitioner is directed to appear before the concerned Court below on 12th September, 2017.

Copy of this order be give dasti.

I.S.MEHTA, J AUGUST 28, 2017/sr