High Court of DelhiW.P.(CRL)/1972/2015

Ashok Punj & ANR v. The State Of NCT Of Delhi & ANR

2018-07-26Hon'Ble Mr. Justice Najmi Waziri2 pages

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1972/2015 ASHOK PUNJ & ANR ..... Petitioner Through:

Mr. Rupendra Pratap Singh and Mr.

Ankur Goel, Advocates.

Versus

THE STATE OF NCT OF DELHI & ANR ..... Respondent Through:

Mr. Ranbir Singh Kundu, ASC (Crl.) with Ms. Suman Saharan, Advocate with Insp. Afsar Raza, PS-EOW.

Mr. Sanjeev Singh, Advocate for applicant/respondent no. 2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 09.08.2018 Crl. M.A.No.29699/2018 (for exemption) Allowed, subject to all just exceptions.

The application stands disposed-off.

Crl. M.A. No.29698/2018 (by R-2 for recalling of order dated 26.07.2018) Issue notice. The learned counsel named above, accept notice on behalf of the non-applicants. They seek and are granted time till 30.08.2018 to file their replies with an advance copy to the learned counsel for the applicant.

In an identical application being Crl. M.A. No.29602/2018 in CRL.M.C. 5072/2015, the following order was passed on 08.08.2018:-

"It is the applicant's case that although money has not been released to it in terms of the order dated 26.07.2018, yet the petitioner is seeking quashing of the FIR; that such quashing will be extremely iniquitous to the applicant and definitely not in accordance with the letter and spirit of the order.

Mr. Kundu, the learned Additional Standing Counsel for the State submits that other entities too are involved in the loan transaction and the matter needs to be examined a little more.

Issue notice.

The learned counsel named above accept notice on behalf of the non-applicants. They seek and are granted time till 30.08.2018 to file their replies with an advance copy to the learned counsel for the applicant.

The learned counsel appearing on behalf of Edelweiss also has been supplied with a copy of the application. Reply be filed by them, if they so choose. Rejoinder, if any, be filed before the next date.

In the circumstance, the order dated 26.07.2018 will be kept in abeyance. Interim order granting protection to the petitioner would continue till the next date. Re-notify on 05.09.2018".

Since the order dated 26.07.2018 is applicable to the present case, accordingly the order dated 08.08.2018 in Crl. M.A. No.29602/2018 in CRL.M.C. 5072/2015, as above, would be applicable to the present case as well.

List on 05.09.2018.

NAJMI WAZIRI, J.

AUGUST 09, 2018 RW