Anshuman Narang v. State

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 1070/2018 ANSHUMAN NARANG ..... Petitioner Through Mr. Puneet Mittal, Senior Advocate and Ms. Mannat Sandhu, Advocates alongwith petitioner in person versus STATE ..... Respondent Through Mr. Raghuvinder Varma, APP for State with SI Pankaj Kumar, P.S.

Shalimar Bagh

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.01.2019 CRL.M.A. 147/2019 (Restoration) By this application, petitioners have prayed for recalling the order dated 03.12.2018 and restoration of petition for hearing. Petitioners had filed the petition under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 against the framing of charges under Sections 307/377/406/498A/34 IPC by the trial court against them on 12th October, 2018. During the course of hearing, the said Revision Petition was withdrawn by the learned senior counsel on 03.12.2018. It is contended that petitioners had instructed the counsel to argue the matter and not to withdraw the same. The counsel for the petitioners had inadvertently

withdrawn the matter, without having any authority to do so. It is during the course of hearing, learned senior counsel had withdrawn the matter on instruction of the counsel. The petition was consciously withdrawn. The plea taken now that counsel had inadvertently withdrawn the matter appears to be nothing but an afterthought. The application is misconceived and dismissed with costs of ` 50,000/- to be deposited with the Prime Minister's Relief Fund within four weeks.

It is made clear that no other petition of petitioners shall be entertained by the Registry unless the receipt evidencing deposit of cost is produced.

A.K. PATHAK, J.

JANUARY 07, 2019 savita