Ajit Kumar Mishra v. State & ORS.

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6090/2018 & CRL.M.A. 48587-48588/2018 AJIT KUMAR MISHRA ..... Petitioner Through Mr.Piyush Kaushik, Adv.

versus STATE & ORS.

..... Respondent Through Mr.Mukesh Kumar, APP.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 03.12.2018 1.

At the outset, Mr.Mukesh Kumar, learned APP submits that the present petition is not maintainable as the petitioner has an alternate statutory remedy by way of a revision petition under Section 397 of the Cr.P.C.

2.

In view of the aforesaid objection, learned counsel for the petitioner prays for leave to withdraw the present petition with liberty to file a revision petition before the learned Additional Sessions Judge. He, however, prays that in the interregnum, till the petitioner approaches the learned ASJ, he may be granted interim protection so that no coercive action is taken against him. 3.

Accordingly, while granting leave to the petitioner to withdraw the present petition with liberty as prayed for, it is directed that no coercive action be taken in terms of the order passed by the learned Metropolitan Magistrate for a period of two weeks.

4.

The petition is disposed of as withdrawn along with the pending applications.

Dasti under signatures of the Court Master.

REKHA PALLI, J DECEMBER 03, 2018 sr