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High Court of DelhiW.P.(CRL)/2482/2017

Smt Renu v. The State & ORS Govt Of NCT Of Delhi

2024-02-16Hon'Ble Mr. Justice Amit Sharma2 pages

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2482/2017 SMT RENU ..... Petitioner Through:

Mr. Medhanshu Tripathi, Adv.

versus THE STATE & ORS GOVT OF NCT OF DELHI ..... Respondent Through:

Ms. Nandita Rao, ASC (Crl.) for the State with SI Ashish Kumar, P.S.

Okhla Industrial Area.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 16.02.2024 1.

The present petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers:- "In the aforesaid facts and circumstances of the case, it is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to:

a) Quash the FIR NO.70 of 2015, P.S. Okhla Industrial Estate, under Section 120B/406/420/467/468/471 IPG in accordance with law qua the Petitioner.

b) Direct the Respondent no.4 Shri Chandeep Singh Sawhney to return the amount of Rs. 25 lakhs with eighteen percent interest back to the Petitioner which the Respondent took from the Petitioner.

c) Direct the Respondent no. 1, 2, 3, and 4 to pay compensation to the Petitioner for incarceration in Tihar Jail from 7.7.15 to 10.8.15.

d) Direct fresh investigation in the present FIR NO.70 of 2015, P.S.

Okhla Industrial Estate, under Section 120B/406/420/467/468/471 IPC e) Direct the Respondent no. 1 to register FIR against Respondent The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/02/2024 at 12:57:53

no. 4 Ghandeep Sawhney u/s 203, 209 IPC for lodging malicious, false and fabricated criminal prosecution against the Petitioner and sending her behind bar.

f) Guidelines be laid down for Delhi Police and Lower Judiciary to protect the freedom of common citizen on the mere allegation of complicity in an offence.

g) Pass such order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case. IT IS PRAYED ACCORDINGLY."

2.

Learned counsel for the petitioner, without prejudice to the rights and contentions of the latter, seeks leave to withdraw the present petition. With respect to prayer „a‟, learned counsel for the petitioner seeks liberty to raise the grounds taken herein before the learned Trial Court, at the time of consideration on charge, in accordance with law. Prayers „b‟ to „g‟ are not pressed at this stage.

3.

Leave and liberty granted.

4.

The present petition is dismissed as withdrawn and disposed of accordingly.

5.

Pending application, if any, also stands disposed of. AMIT SHARMA, J FEBRUARY 16, 2024/nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/02/2024 at 12:57:53