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Delhi High Court · 15 Jul 2011 · 2011:DHC:15437
Ajit Bharihoke
2011:DHC:15437
criminal petition_dismissed

AI Summary

The High Court dismissed the petition to quash the FIR under Sections 406/498A/34 IPC, holding that the petitioner has an efficacious remedy before the trial court and inherent jurisdiction under Section 482 CrPC should not be invoked at this stage.

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Present: Ms. Gurnita Pahwa, Advocate with Mr. Vishal Gera, Advocate for the petitioner.
Ms. Fizani Husain, APP for the respondent No.2/State with
Inspector Amrik Raj, P.S. jamia Nagar.
+Cri.M.A.No. 7912/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
Cri.M.C. 2178/2011 & Cri.M.A. 7911/2011 (stay)
This is a petition seeking quashing of FIR No. 3/2008, under
Sections 406/498A/34 IPC, P.S. jamia Nagar.
Admittedly, the matter is fixed before the concerned court fo:- arguments on charge. The offences mentioned in the FIR are triable ir accordance with the warrant trial procedure. Therefore, in view of Sectior
239 of the Code of Criminal Procedure, the petitioner, obviously, will ge~ an opportunity to make his submission on the point of charge before thE concerned Trial Court. Since an efficacious remedy is avail~ble to thE petitioner, I am not inclined to invoke inherent jur;_isdiction under Section
JUDGMENT

482 CrPC. Petition is accordingly dismissed. JULY 15, 2011 akb (AJIT BHARIHOKE) JUDGE 2011:DHC:15437

JUDGMENT