Navinder Oberoi v. The State ( NCT Of Delhi) & ORS

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5926/2018 & CRL.M.A. 47973/2018, CRL.M.A. 30781/2019 & CRL.M.A. 28809/2023 NAVINDER OBEROI .....Petitioner Through:

Mr. Jaswinder S.Nischal and Mr. Vinod Kumar, Advocates.

Versus

THE STATE ( NCT OF DELHI) & ORS .....Respondents Through:

Mr. Uttkarsh, APP for State with Insp.

Sandeep Rathi, P.S.Rajouri Garden.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 21.03.2025 1.

Petition under Section 482 Cr.P.C has been filed for quashing of FIR No.538/2013 dated 18.09.2013 under Sections 307/120B IPC, P.S.Rajouri Garden.

2.

Learned counsel for the Petitioner argues that he was in fact the original person who made the Complaint but in the Chargesheet he has been arrayed as an accused.

3.

The Chargesheet was filed under Sections 394/452/506 IPC and Sections 25/27 Arms Act. It is further submitted that there are multiple discrepancies in the Chargesheet and he despite being the Complainant has been victimised by being made as an accused.

4.

Learned Prosecutor submits that the Chargesheet got filed way back in 2015 and entire prosecution witnesses has been recorded and the matter is now at the stage of defence evidence.

5.

Submissions Heard and record perused.

6.

As has been informed by the learned Prosecutor entire evidence stands concluded and the matter is at the stage of defence evidence for which it is listed on 04.04.2025.

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 01/07/2025 at 10:14:14

7.

There is no ground now for quashing of the FIR. Since the trial has already been conducted the contradictions and the averments made in the Petition would automatically be considered at the time of final arguments, the benefit of which can be availed by the Petitioner at the appropriate stage. 8.

No merits remains in the present Petition seeking quashing of the FIR in which practically the entire trial has been concluded. 9.

An Application was sought to be filed on behalf of the Petitioner for requisitioning the Trial Court record. However, there is no need at this stage for requisitioning of the Trial Court record. 10.

The Petition is disposed of with the liberty to the Petitioner to raise his contentions before the learned Trial Court at the appropriate stage. This Petition is without prejudice to the rights of the Petitioner to agitate all his contentions before the learned Trial Court in accordance with law. NEENA BANSAL KRISHNA, J MARCH 21, 2025 rk 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 01/07/2025 at 10:14:14