Ishwar & ORS v. State & ORS

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2595/2017 & CRL.M.A. 4739/2022 (Stay) ISHWAR & ORS ..... Petitioners Through:

Mr. Harsh Kuma, Ms. Sikha Gogoi, Mr. Neel Kr. Sharma, Advocates.

versus STATE & ORS ..... Respondents Through:

Mr. Amol Sinha, ASC (Crl.) for the State with SI Prem Raj, P.S.

Badarpur.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 03.04.2024 1.

The present petition under Article 226/227 of the Constitution of India read with Section 482 of the Cr.P.C. seeks the following prayers: "a. Direct to quash the FIR no.273/2017 dated 22.07.2017 lodged at PS Badarpur, Delhi U/s 363/323/508/34 IPC and the proceedings emanating therefrom, in the interest of justice. b. Direct the PS Badarpur, Delhi to initiate proceedings under section 182 of Indian Penal Code, 1860.

c. Pass such other further order or orders as this Hon'ble Court may deem fit and proper in the facts of the case and in the interest of justice."

2.

It is pointed out that the case before the learned Trial Court is at the stage of prosecution evidence.

3.

In view of the above, learned counsel appearing on behalf of the petitioners seeks leave to withdraw the present petition with liberty to agitate 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 06/04/2024 at 12:12:07

the grounds taken herein before the learned Trial Court at an appropriate stage in accordance with law. A further prayer is made seeking directions of an expeditious trial.

4.

Leave and liberty granted.

5.

The present petition is dismissed as withdrawn and disposed of accordingly.

6.

The learned Trial Court is requested to expedite the trial in the present FIR as expeditiously as possible without giving any undue adjournment to either of the parties.

7.

Order be communicated to learned Trial Court for necessary information and compliance.

8.

Pending application(s), if any, also stand disposed of. AMIT SHARMA, J APRIL 03, 2024/bsr Click here to check corrigendum, if any 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 06/04/2024 at 12:12:07