Krishan Kumar Gupta v. State Of NCT Of Delhi & ORS

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4534/2015 and Crl.M.A.16172/2015 KRISHAN KUMAR GUPTA ..... Petitioner Through:

Dr. Kedar Nath Tripathy, Advocate versus STATE OF NCT OF DELHI & ORS ..... Respondents Through:

Mr. Ravi Nayak, APP for the State SI Chandan, PS KNK Marg.

Mr. K.S. Rana, Adv. with Mr. Pradeep Kumar, Adv. for R-4.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 26.07.2018 The petition at hand was filed invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to seek quashing of the FIR No.88/2014 registered with Police Station K.N. Katju Marg, involving offences punishable under Sections 384/34 of the Indian Penal Code, 1860 (IPC).

The plea of the petitioner is that the allegations in the FIR are concocted and motivated. Reference is made to the proceedings arising out of another FIR No.97/2014 involving offences punishable under Sections 376/328/384 IPC of Police Station Jyoti Nagar. The investigation of the case has already been concluded and it is conceded that the charge sheet has already been filed against the petitioner on which he stands summoned the case being at the stage of consideration of charge.

CRL.M.C. 4534/2015

In these circumstances, it will not be proper for this court to hold a parallel scrutiny on the question whether on the available material charge is made out or not.

Reserving the contentions of the petitioner to be raised as defences at the time of consideration of charge, this petition is disposed of. Pending application also stands disposed of.

R.K.GAUBA, J.

JULY 26, 2018 vk CRL.M.C. 4534/2015