Subhash Chander Jindal v. State

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 6506/2018 & CRL.M.As. 50220/2018 & 50272/2018 SUBHASH CHANDER JINDAL .....Petitioner Through:

Mr. Kunal Anand and Mr. Shivam Tyagi, Advocates

Versus

STATE .....Respondent Through:

Mr. Manjeet Singh Oberoi, Additional Public Prosecutor with SI Rahul AATS/ Central Distt.

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 19.12.2018 In this petition, quashing of FIR No. 72/2017 dated 25th May, 2017 registered at Police Station Rajender Nagar is sought on the ground that offence under Section 13(1)(d) Prevention of Corruption Act, 1988 read with Section 409, 120B IPC has been repealed and sanction for prosecution of petitioner is mandatory but it has not been obtained. It is stated that the charge-sheet in this case has been filed and matter is coming up before the trial court for hearing on the point of charge on 9th January, 2019.

In view of aforesaid, it is deemed appropriate to dispose of this petition and the applications with liberty to petitioner to raise the pleas taken herein, before the trial court at the charge stage as alternate and efficacious remedy exists, to seek discharge from trial court by urging the CRL.M.C. 6506/2018

pleas taken herein. Therefore, this Court is not inclined to exercise its inherent jurisdiction under Section 482 of Cr.P.C. With aforesaid liberty, this petition and the applications are disposed of.

(SUNIL GAUR) JUDGE DECEMBER 19, 2018 v CRL.M.C. 6506/2018