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#37
% 20.05.2011
Present: Mr.Sanjeev Bhatnagar, Advocate with |V|r. Nitin K.Gupta, Advocate for the petitioner. ivir. Sunii Sharnna, APP for the State/respondent.
+Crl.M.A.No. 5988-5989/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Applications stand disposed of.
CrI.M.C. 1632/2011 & Crl.M.As. 5986/2011. 5987/2011
Vide this petition, the petitioner is seeking quashing of charge sheet dated 13'^ March, 2008 filed in case FIR No. 7/2008 by EOW Cell, Delhi Police.
Main contention of the petitioner is that there is no incriminating evidence to substantiate the charge and charge has not yet been framed.
Since the matter is at the stage of framing of charge, obviously, the petitioner, under Section 239 of the Code of Criminal Procedure would get an opportunity to make submissions against the framing of charge before the Trial
Court as there is efficacious remedy available to him, I am not inclined to invoke inherent powers under Section 482 CrPC to interfere in the matter.
Petition as also the miscellaneous applications are accordingly dismissed with the direction to the Trial Judge that he shall try to conclude the arguments on charge on the next date of hearing and if it is not possible, within two months and ensure that order on charge one way or other is passed.
Copy of the order be sent to Trial Court for information and compliance.
\
JL, (AJIT BHARIHOKE)
JUDGE
MAY 20, 2011
.c&
2011:DHC:10518
% 20.05.2011
Present: Mr.Sanjeev Bhatnagar, Advocate with |V|r. Nitin K.Gupta, Advocate for the petitioner. ivir. Sunii Sharnna, APP for the State/respondent.
+Crl.M.A.No. 5988-5989/2011(Exemption)
Exemption allowed, subject to all just exceptions.
Applications stand disposed of.
CrI.M.C. 1632/2011 & Crl.M.As. 5986/2011. 5987/2011
Vide this petition, the petitioner is seeking quashing of charge sheet dated 13'^ March, 2008 filed in case FIR No. 7/2008 by EOW Cell, Delhi Police.
Main contention of the petitioner is that there is no incriminating evidence to substantiate the charge and charge has not yet been framed.
Since the matter is at the stage of framing of charge, obviously, the petitioner, under Section 239 of the Code of Criminal Procedure would get an opportunity to make submissions against the framing of charge before the Trial
Court as there is efficacious remedy available to him, I am not inclined to invoke inherent powers under Section 482 CrPC to interfere in the matter.
Petition as also the miscellaneous applications are accordingly dismissed with the direction to the Trial Judge that he shall try to conclude the arguments on charge on the next date of hearing and if it is not possible, within two months and ensure that order on charge one way or other is passed.
Copy of the order be sent to Trial Court for information and compliance.
\
JL, (AJIT BHARIHOKE)
JUDGE
MAY 20, 2011
.c&
2011:DHC:10518
JUDGMENT