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High Court of DelhiCRL.M.C./6116/2018

S S Ahluwalia & ANR v. State Of NCT Of Delhi & ANR

2019-02-07Hon'Ble Mr. Justice Sunil Gaur2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6116/2018 & Crl.M.A.48692/2018 S S AHLUWALIA & ANR ..... Petitioners Through:

Mr. Sudarshan Rajan, Advocate

Versus

STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. M.S.Oberoi, APP for State with SI Pravin Kumar DIU/SED

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 07.02.2019 Quashing of FIR No.39/2017, under Sections 420/468/471 of IPC registered at police station Amar Colony, New Delhi against petitioners is sought on merits.

Learned Additional Public Prosecutor for State submits that the charge sheet has been filed and the matter is coming up before the trial court on 25th February, 2019 for hearing on the point of charge.

Learned counsel for the petitioners submits that petitioners have a good case on merits. Even if it is so, still petitioners are required to appear before the trial court through their counsel and to urge the pleas taken herein at the charge stage and therefore, this court is not inclined to exercise its inherent extraordinary

jurisdiction under 482 Cr.P.C. because petitioners have an efficacious remedy to urge these pleas before the trial court. Accordingly, this petition and the application are disposed of with liberty to petitioners to urge the pleas taken herein before the trial court at the hearing on the point of charge while making it clear that the petitioners shall appear before the trial court through the Authorized Representative of respondent no.2 till orders on charge are pronounced by the trial court.

(SUNIL GAUR) JUDGE FEBRUARY 07, 2019 ak