Dinesh Arya v. State NCT of Delhi

1. The present petitions have been filed by the petitioners under Articles 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter alia for quashing of FIR No.432/2003 registered under Sections 419/420/468/471 IPG and Section 12 of the Passport Act, 1967 at PS IGI Airport, Delhi, and the proceedings emanating therefrom.

2. Learned ASC for the State informs the Court that after conclusion of the investigation, the charge-sheet was filed in the present cases and now the same are atthe stage of framing of charge. W.P.(CRL) 77/2010 &W.P.(CRL) 453/2010 P^ge 1of[2] 2013:DHC:7639 "i

3. Counsel for the petitioners states that In view of the decision of the Supreme Court in the case of State of N.C.T. of Delhi vs. Aiay Kumar Tvaai. reported as (2012) 9 SCC 685, wherein it was held that exoneration of an accused in a departmental proceeding, ipso facto would not lead to exoneration or acquittal in a criminal case, as the standard of proof in a departmental proceeding is different from that required to be maintained in a criminal proceeding, he does not wish to press the present petition seeking quashing of the FIR on the ground that the petitioners have been exonerated in the departmental proceedings held against them. Instead, he seeks leave to withdraw the present petitions, while reserving the right of the petitioners to take all the pleas before the trial court as may be available to them both on facts and in law, particularly, the objection with regard to the failure on the part of the State to obtain necessary sanction from the competent authority before registering the FIR against them.

4. Leave, as prayed for, is granted. The petitions are disposed of as withdrawn. HIMA KOHLI, 3 OCTOBER 28, 2013 sk