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High Court of DelhiW.P.(CRL)/3474/2018

Ram Meher v. State & ORS.

2018-11-15Hon'Ble Mr. Justice Najmi Waziri2 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3474/2018 RAM MEHER ..... Petitioner Through Mr Mallika Parmar, Advocate.

versus STATE & ORS.

..... Respondents Through Ms Richa Kapoor, ASC with Mr Chaitanya Bansal, Advocate.

SI Sandeep Yadav, P.S. Mehrauli, N.D.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 02.12.2019 CRL.M.A. 41524/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.A. 41523/2019 in W.P.(CRL) 3474/2018 3.

The petitioner has filed the present application for restoration of the above captioned petition, which was dismissed by an order dated 15.11.2018.

4.

The petitioner had filed above captioned petition impugning FIR No. 90/2018 under Sections 448/34 of the IPC registered with PS Mehrauli. 5.

The allegation in the aforementioned FIR relates to breaking locks and seals of the property bearing No. 892, B-1, Ward No.8, Mehrauli, New Delhi by certain anti-social elements. It is stated that the said property was

under custodia legis and had been sealed by an order passed by the learned CMM, Saket Courts.

6.

It is the petitioner's case that the property in question belongs to him and in this regard, he is pursuing the proceedings before the Debt Recovery Appellate Tribunal. The petitioner also states that the property ordered to be sealed is a different property and his property has been incorrectly sealed. 7.

This Court had considered the aforesaid submission and declined to interfere with the said FIR; however, it was directed that the averments made by the petitioner in this petition be considered as the petitioner's representation.

8.

Ms Richa Kapoor, learned ASC states that investigations are complete and a final report will be filed within a period of three weeks. 9.

In the order dated 15.11.2018, this Court had expressly recorded that should the petitioner have any grievance at a later stage, he may take appropriate remedies as per law. It is thus clear that in the event the petitioner is aggrieved by the final report or any charge sheet that may be filed, it will be open for the petitioner to take appropriate steps before the concerned court, including steps resisting framing of charges. 10.

The application is disposed of with the aforesaid observations. VIBHU BAKHRU, J DECEMBER 02, 2019 pkv