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$-42 HIGH COURT OF DELHI
CRLM.C. 3446/2010
SUKH DAYAL @ SUKKU & ORS Petitioner Tiirough Mr. Akil Advocate
$-42 HIGH COURT OF DELHI
CRLM.C. 3446/2010
SUKH DAYAL @ SUKKU & ORS Petitioner Tiirough Mr. Akil Advocate
VERSUS
STATE &ANR Respondent Througli Mr. Sunil Stiarma, Addl. PP for the State.
CORAM:
JUSTICE SHIV NARAYAN DHINGRA
02.11.2010 CrI.
M.A. No. 17012/2010 Allowed, subject to all just exceptions.
CRLM.C. No. 3446/2010 with CrI.
M.A. no. 17011/2010
This petition has been filed for quashing of FIR No. 27/2007, P.S. N. Garh, registered under Section 498-A/406/34 lT>C. A similarpetition was filed by the petitioner being CrI. Misc. no. 1001/2007 and the same was dismissed.
Counsel for the petitioner states that now charge-sheet has been filed in the matter and he has, therefore, right to again approach this Court for quashing of FIR after filing of charge-sheet.
I consider that counsel for the petitioner has some misconception. After charge- sheet has been filed, the court again cannot consider the quashing of FIR even on merits. Once the investigation is complete and charge-sheet has been filed before the trial court, the petitioner has a right to argue before the court concerned whether charge is made out or not.
The petition is dismissed.
SHIVNARAY/^HINGRA,J NOVEMBER 02, 2010 acm 2010:DHC:15260
02.11.2010 CrI.
M.A. No. 17012/2010 Allowed, subject to all just exceptions.
CRLM.C. No. 3446/2010 with CrI.
M.A. no. 17011/2010
This petition has been filed for quashing of FIR No. 27/2007, P.S. N. Garh, registered under Section 498-A/406/34 lT>C. A similarpetition was filed by the petitioner being CrI. Misc. no. 1001/2007 and the same was dismissed.
Counsel for the petitioner states that now charge-sheet has been filed in the matter and he has, therefore, right to again approach this Court for quashing of FIR after filing of charge-sheet.
I consider that counsel for the petitioner has some misconception. After charge- sheet has been filed, the court again cannot consider the quashing of FIR even on merits. Once the investigation is complete and charge-sheet has been filed before the trial court, the petitioner has a right to argue before the court concerned whether charge is made out or not.
The petition is dismissed.
SHIVNARAY/^HINGRA,J NOVEMBER 02, 2010 acm 2010:DHC:15260
JUDGMENT