Anil Aggarwal v. State & ANR

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1839/2015, Crl. M.A. Nos.12315 & 16990/2015 ANIL AGGARWAL ..... Petitioner Through:

Mr. Shishir Mathur, Advocate versus STATE & ANR .... Respondents Through:

Mr. Avi Singh, ASC (Crl.) with Ms.

Megha Bahl, Advocate with Inspector Sanjeev Kumar, DIU Mr. Vinay Ranjan, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 15.01.2016 1.

This petition has been filed impugning the order dated 19.08.2015 whereby the learned MM, North East, Karkardooma allowed the application filed by the investigating agency to obtain the original documents for sending the same to FSL for examination. While allowing the application learned MM, North East, Karkardooma directed original documents to be handed over to investigating officer against proper receipt and to place certified copy of the same on record in lieu thereof. 2.

Learned counsel for petitioner submits that original documents have already been sent to FSL and if the State gives an assurance to send the same to the Court at Erode after the same are received from FSL, this petition may be permitted to be withdrawn.

W.P.(CRL) 1839/2015

3.

Learned counsel for petitioner submits that while permitting to withdraw the present petition liberty may also be given to approach this court in case of failure of the respondent to do the needful. 4.

Mr. Avi Singh, Advocate appearing on behalf of State submits that the assurance recorded by this Court in the proceeding dated 03.12.2015 shall be complied with. The assurance given by the State before this Court 03.12.2015 is to the following effect.

"Mr.Avninder Singh, learned counsel for the State submits that the documents which were sent to the CFSL are likely to be returned in the first week of January. He also assures the Court that no sooner the documents are made available, the same shall be immediately transmitted to ERODE Court which is dealing with the complaint under Section 138 of N.I.Act. The other documents which were released by the orders of the Delhi Court and which have not been sent to the CFSL should also be returned to the ERODE Court forthwith." 5.

Learned counsel for the petitioner submits that part of the assurance had already been complied with in respect of the documents which were not sent to the CFSL.

6.

In view of the assurance given by the State in respect of the documents which have already been sent to the CFSL, learned counsel for petitioner seeks permission to withdraw this petition with liberty to approach this Court, if the necessity arises.

7.

The petition is dismissed as withdrawn with liberty as prayed. PRATIBHA RANI, J.

JANUARY 15, 2016 'aky'

W.P.(CRL) 1839/2015