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#52
%05.09.2011
Preseflt: Mr. Rajat Wadhwa, Advocate with Mr. Amrik Singh, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/State with Inspector
Prabhu Dayal, P.S. Janak Pun.
+CrI.MfA. No.10475/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+CrI.M.C.2969/2011 & CrI.MA. NO.10474/2011(Stay)
The petitioner M/s Dev Kripa Developers Pvt. Ltd. is aggrieved of the impugned order dated 25.08.2011 passed by learned ACMM whereby he directed the petitioner to furnish the original documents, which are subject matter of FIR No.242/2010 P.S. Janak Puri to the Investigating
Officer in order to facilitate the investigation.
Learned counsel for the petitioner submits that the relevant documents have been filed by the petitioner in the civil suit No.2547/2010 titled M/s. Dev Kripa Developers Pvt. Ltd. Vs. Nirmal Singh Lamba & Ors, pending in High Court. It is submitted that the petitioner in order to comply with the directions of learned ACMM applied for withdrawal of original documents, but his prayer was not granted. Thus, it is submitted that petitioner is not in position to comply with the order. Learned counsel has urged that the Investigating Officer maybe directed to move the concerned court to seek permission to inspect/withdraw the original documents for the purpose of investigation of the case.
2011:DHC:9846
Learned APP has fairly conceded that the petitioner obviously is not in position to comply with the directions of learned ACMM Idated
25.08.2011 in view of the circumstances explained by his counsel.
Learned APP, on instructions from the 10, submits that the 10 would .take necessary steps for moving an application in the court concerned to seek permission to inspect or withdraw the relevant original documents for the purpose of investigation. As such, the State has no objection if the order of learned ACMM is modified to that extent.
In view of the above, the impugned order of learned ACMM dated
25.08.2011 is modified to the extent that the 10 shall apply to the court concerned seeking permission to inspect or withdraw the original documents for the purpose of investigation and, after obtaining the. permission, he shall proceed with the investigation accordingly.
Petition as well as the miscellaneous application stands disposed of.
Order Dasti to the parties.
J%-~ -
(AJIT BHARIHOKE)
JUDGE
SEPTEMBER 05, 2011 pst
2011:DHC:9846
%05.09.2011
Preseflt: Mr. Rajat Wadhwa, Advocate with Mr. Amrik Singh, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent/State with Inspector
Prabhu Dayal, P.S. Janak Pun.
+CrI.MfA. No.10475/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
+CrI.M.C.2969/2011 & CrI.MA. NO.10474/2011(Stay)
The petitioner M/s Dev Kripa Developers Pvt. Ltd. is aggrieved of the impugned order dated 25.08.2011 passed by learned ACMM whereby he directed the petitioner to furnish the original documents, which are subject matter of FIR No.242/2010 P.S. Janak Puri to the Investigating
Officer in order to facilitate the investigation.
Learned counsel for the petitioner submits that the relevant documents have been filed by the petitioner in the civil suit No.2547/2010 titled M/s. Dev Kripa Developers Pvt. Ltd. Vs. Nirmal Singh Lamba & Ors, pending in High Court. It is submitted that the petitioner in order to comply with the directions of learned ACMM applied for withdrawal of original documents, but his prayer was not granted. Thus, it is submitted that petitioner is not in position to comply with the order. Learned counsel has urged that the Investigating Officer maybe directed to move the concerned court to seek permission to inspect/withdraw the original documents for the purpose of investigation of the case.
2011:DHC:9846
Learned APP has fairly conceded that the petitioner obviously is not in position to comply with the directions of learned ACMM Idated
25.08.2011 in view of the circumstances explained by his counsel.
Learned APP, on instructions from the 10, submits that the 10 would .take necessary steps for moving an application in the court concerned to seek permission to inspect or withdraw the relevant original documents for the purpose of investigation. As such, the State has no objection if the order of learned ACMM is modified to that extent.
In view of the above, the impugned order of learned ACMM dated
25.08.2011 is modified to the extent that the 10 shall apply to the court concerned seeking permission to inspect or withdraw the original documents for the purpose of investigation and, after obtaining the. permission, he shall proceed with the investigation accordingly.
Petition as well as the miscellaneous application stands disposed of.
Order Dasti to the parties.
J%-~ -
(AJIT BHARIHOKE)
JUDGE
SEPTEMBER 05, 2011 pst
2011:DHC:9846
JUDGMENT