Nandkishore Trivedi v. The State Of ( NCT) Delhi

$~6 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3505/2015 & CRL.M.A. 12516/2015 NANDKISHORE TRIVEDI ..... Petitioner Through:

Mr. Sunil Sharma, Mr. Santosh Chaurihaa, Mr. M.A. Khan & Ms.

Asmita Duggal, Advs.

versus THE STATE OF ( NCT) DELHI & ORS.

..... Respondents Through:

Mr. Ashish Dutta, APP for the State.

Mr. Ankit Jain, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 30.08.2018 After some hearing, the learned counsel for the petitioner, on instructions, submits that he may be allowed to withdraw the present petition seeking liberty to raise all the contentions at the time of consideration of charge before the trial court.

It is a matter of concern that in a case arising out of FIR No. 242/2002 in which charge-sheet is stated to have been filed in 2003, the question of charge has been considered only qua one accused (Subodh Bhandari) and not against the rest, which include the petitioner, till date. The question of charge is to be considered at the threshold. Elapse of fifteen years in taking up the said issue for consideration and decision cannot be approved of. CRL.M.C. 3505/2015

While the petition at hand is dismissed as withdrawn with liberty given to the petitioner to raise the contentions set out in the petition herein at the time of consideration of charge, the trial court is directed to proceed with the matter expeditiously and take decision on said issue, preferably within three months of the date next fixed before it. Dasti under the signatures of Court Master.

R.K.GAUBA, J AUGUST 30, 2018 nk CRL.M.C. 3505/2015