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$-2 & 32 HIGH COURT OF DELHI
CRL.M.C. 3317/2012, CRL.M.A.Nos.16756-57/2012
SANHITA AGNIHOTRI Petitioner
Through : Mr.Neeraj Chaudhari &Mr.Akshay Chandra, Advocates.
CRL.M.C. 3317/2012, CRL.M.A.Nos.16756-57/2012
SANHITA AGNIHOTRI Petitioner
Through : Mr.Neeraj Chaudhari &Mr.Akshay Chandra, Advocates.
VERSUS
STATE &ANR Respondents
Through : Mr.M.N.Dudeja, APP.
Through : Mr.M.N.Dudeja, APP.
CRL.M.C. 1515/2012 & CRL.M.A.5366/2012
SHADAB MOBESf Petitioner
Through : Mr.Paritosh Budhiraja, Advocatewith
Mr.Abhay Dixit, Advocate.
SHADAB MOBESf Petitioner
Through : Mr.Paritosh Budhiraja, Advocatewith
Mr.Abhay Dixit, Advocate.
VERSUS
STATE & ANR Respondents
Through : Mr.M.N.Dudeja, APP.
Through : Mr.M.N.Dudeja, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
10.01.2013 These are the petitions filed under Section 482 Cr.P.C. for quashingof the FIR No.662/2008 under Section 465/471/120B IPG registered at PS
Malviya Nagar. It is stated that the matter has been settled.
During the course of the arguments, it transpires that there were four accused persons. The petitions for quashing of the FIR No.662/2008 have
2013:DHC:7775 been filed by two accused namely Sanhita Agnihotri & Shadab Mobin. The third accused is stated to have expired. The fourth accused has not preferred any petition for quashing of FIR. When enquired about the fourth accused, counsel for the petitioners stated that he is not appearing before the Trial
Court. He was unable to tell whether any process has been issued against the fourth accused or he has been declared Proclaimed Offender.
Since the fourth accused has not appeared and the trial is pending before the Court concerned, learned counsel for the petitioners seek permission to withdraw the present petitions with liberty to file fresh petition, if permissible under law, after the whereabouts of the fourth accused are ascertained.
In view of this, the petitions are dismissed as withdrawn with liberty as prayed for. Pending applications are also disposed of
^.GARG, J JANUARY 10,2013 tr 2013:DHC:7775
10.01.2013 These are the petitions filed under Section 482 Cr.P.C. for quashingof the FIR No.662/2008 under Section 465/471/120B IPG registered at PS
Malviya Nagar. It is stated that the matter has been settled.
During the course of the arguments, it transpires that there were four accused persons. The petitions for quashing of the FIR No.662/2008 have
2013:DHC:7775 been filed by two accused namely Sanhita Agnihotri & Shadab Mobin. The third accused is stated to have expired. The fourth accused has not preferred any petition for quashing of FIR. When enquired about the fourth accused, counsel for the petitioners stated that he is not appearing before the Trial
Court. He was unable to tell whether any process has been issued against the fourth accused or he has been declared Proclaimed Offender.
Since the fourth accused has not appeared and the trial is pending before the Court concerned, learned counsel for the petitioners seek permission to withdraw the present petitions with liberty to file fresh petition, if permissible under law, after the whereabouts of the fourth accused are ascertained.
In view of this, the petitions are dismissed as withdrawn with liberty as prayed for. Pending applications are also disposed of
^.GARG, J JANUARY 10,2013 tr 2013:DHC:7775
JUDGMENT