Ankush Agnihotri & Ors. v. State & Ors.

1. These are the applications seeking exemption from filing the certified copies of the documents and annexures.

2. Subject to the deficiency being rectified, the applications are allowed. Crl.M.C.No.3O98 ^O11 & Crl.M.A.1O977 'O11 (stav)

1. This is a petition filed by the petitioners for quashing of FIR NO. 100/2008 under Section 406/498-4 IPC registered at Police Station Mehrauli, New Delhi.

2. The ground for quashing of FIR is that the averments made in 2011:DHC:12614 J the FIR are not true and the prosecution has not been able to gather any evidence in support of the same.

3. Learned APP, who is present in response to the advance copy having been served, submits that the charge-sheet has already been filed before the competent Ilaka Magistrate.

4. After brief submissions, learned counsel for the petitioners seeks permission of the court to withdraw the present petition with liberty to raise all the'points before the learned Magistrate at the stage of framing of charge.

5. It is further contended by learned counsel for the petitioners that since the petitioner Nos. 2 and 3 are the parents of petitioner No.1 and as they are stated to be aged around 62 and 65 years respectively and suffering from various old age ailments, they may be exempted from personal appearance before the trial court.

6. Petitioner Nos. 2 to 4 shall appear before the learned trial court at least on one occasion and get themselves bailed out and thereafter, they will be exempted from personal appearance before the trial court, subject to their furnishing an undertaking that they will not dispute their identity and that at all times thereafter they will be represented \ by a duly authorized counsel. Further, the learned Magistrate shall be well within his power to require presence of any of the above petitioners, if he feels that there is necessity of the same. qt ?

7. With these observations, the petition is dismissed as withdrawn. W v.K. sHALr, J SEPTEMBER t[6], 2OLL dc s$ '