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High Court of DelhiCRL.M.C./6408/2018

Zeeshan Mehdi v. S. Manzoor - Ul - Haq

2018-12-17Hon'Ble Ms. Justice Rekha Palli2 pages

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6408/2018 & CRL.M.A. 49834-49835/2018 ZEESHAN MEHDI ..... Petitioner Through Mr. Mohit Mathur, Sr. Advocate with Mr. Sameer Chandra, Mr. Wiqar Ahmed and Mohd. Moorullah, Advs versus S. MANZOOR - UL - HAQ ..... Respondent Through Mr. Amit Chadha, APP

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 17.12.2018 1.

Vide the present petition, the petitioner seeks quashing of the summoning order dated 26.07.2018 passed by the learned Metropolitan Magistrate-01 (Central), Tis Hazari Courts, Delhi. 2.

At the outset, Mr. Amit Chadha, learned APP states that the said order is revisable under section 397 Cr.P.C., which fact is not disputed by the learned Senior Counsel for the petitioner. 3.

In view of the aforesaid objection raised by Mr.Chadha, learned Senior Counsel for the petitioner seeks leave to withdraw the present petition with liberty to avail the statutory remedy under section 397 Cr.P.C.

4.

The present petition is dismissed as withdrawn, with liberty as prayed for. It is made clear that it will open to the petitioner to urge all

grounds, including the grounds taken in the present petition, before the revisional authority.

5.

However, keeping in view the facts and circumstances of the case, the petitioner is exempted from personal appearance before the learned Trial Court for a period of four weeks, subject to his being represented by a counsel.

REKHA PALLI, J DECEMBER 17, 2018/sk