Nitin Kapoor And ANR v. State Of Haryana And ANR
CRM-M-1364-2025
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Sr. No.127 Case No. : CRM-M-1364-2025 Decided On : January 22, 2025 Nitin Kapoor and another ....
Petitioners vs.
State of Haryana and others ....
Respondents CORAM :
HON'BLE MR. JUSTICE SANJAY VASHISTH.
* * * Present :
Mr. Kabir Sarin, Advocate and Mr. R. D. Gupta, Advocate for the petitioners.
* * * SANJAY VASHISTH , J. (Oral) :
1.
Prayer in the present petition, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 is for quashing the FIR No.0596 dated 27.09.2024, under Sections 406, 420, 120-B IPC (Annexure P-1), registered at Police Station Sector 10, Gurugram and all consequential proceedings arising therefrom.
2.
As a very fair submission, learned counsel for the petitioner submits that in a similar situation, when investigation was still in progress and the allegations were almost the same qua both the present petitioners, this Court has already disposed of one petition bearing No. CRM-M-1363-2025 vide order dated 14.01.2025. Said order is produced and is taken on record and for reference, same is reproduced hereunder also :- MONIKA 2025.01.23 15:14 I attest to the accuracy and integrity of this document
CRM-M-1364-2025 "Present :
Mr. Kabir Sarin, Advocate and Mr. R. D. Gupta, Advocate for the petitioners.
Mr. Kanwar Sanjiv Kumar, AAG, Haryana SANJAY VASHISTH, J. (ORAL) 1.
Admittedly the petitioners are directors of GTM Company and after registration of FIR, they have been granted anticipatory bail and have also joined the investigation. 2.
Notice of motion.
3.
On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana puts in appearance on behalf of the respondentsState, and submits that the investigation is still in progress and thus opposes the maintainability of petition at this stage. He also submits that the petitioners would be in a better position to put up their case, if situation arises after completion of the investigation.
4.
Learned counsel for the petitioners submits that he may be permitted to withdraw the instant petition, at this stage. 5.
Dismissed as withdrawn.
(SANJAY VASHISTH) JUDGE"
3.
Faced with the similar situation, counsel for the petitioners submits that since the investigation in the present case is also in progress, he be given permission to withdraw the instant petition, at this stage. 4.
Dismissed as withdrawn, at this stage.
January 22, 2025 (SANJAY VASHISTH) monika JUDGE Whether speaking/reasoned ?
Yes/No.
Whether reportable ?
Yes/No.
MONIKA 2025.01.23 15:14 I attest to the accuracy and integrity of this document