Pooja Godha & ANR v. State Of NCT Delhi & ANR

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6541/2018 and Crl.M.A.50388-50390/2018 POOJA GODHA & ANR ..... Petitioners Through:

Mr. S.Sankar Mishra, Advocate with Mr. Niranjan Sahu, Advocate versus STATE OF NCT DELHI & ANR ..... Respondents Through:

Mr. Sanjeev Sabharwal, APP for the State withASI Illa Khan, PS Harsh Vihar.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 20.12.2018 After some hearing, the counsel for the petitioner submitted that he may be permitted to withdraw the present petition and the applications filed therewith, the petitioners reserving the contentions set out in the petition to be agitated at the time of consideration of case for charge, at which stage the matter stands before the concerned criminal court, his further request being that the petitioners may be granted exemption from personal appearance given the fact that they have been and are residents of New Zealand where they are settled in their respective careers, it being onerous on their part to appear on each and every date of hearing, they undertaking to make arrangements for appearance through counsel duly briefed and instructed to appear and assist the trial court at every step of the way. CRL.M.C. 6541/2018

The application for personal exemption, in the given facts and circumstances, some of which have been noted above, will have to be moved first before the trial court. This court hopes and trusts that the trial court will bear in mind the above submission particularly the facts that the petitioners have been and are residents of New Zealand. The petition and the applications filed therewith are dismissed as withdrawn. The contentions of the petitioners qua the framing of charge are preserved to be agitated before the trial court. R.K.GAUBA, J.

DECEMBER 20, 2018 vk CRL.M.C. 6541/2018