Kamal Preet Singh Arora & Ors. v. State (NCT of Delhi & Ors.)

Delhi High Court · 26 Oct 2009 · 2009:DHC:4463
V. K. Jain
Crl. M.C. No. 1385/2009
2009:DHC:4463
criminal other

AI Summary

The Delhi High Court allowed condonation of delay and recognized its inherent power to recall an order obtained by fraud or misrepresentation, issuing notice to the petitioner for further proceedings.

Full Text
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Crl. M.C. No. 1385/2009 HIGH COURT OF DELHI Crl.M.C. 1385/2009
Reserved on: October 20, 2009 Pronounced on: October 26, 2009
# KAMAL PREET SINGH ARORA & ORS. ..... Petitioners
! Through: Mr. Atul Kumar, Advocate with Ms. Satinder Kaur (Petitioner
No.2 in person)
VERSUS
$ STATE
(NCT OF DELHI & ORS.) …..Respondent
^ Through: Mr. Amit Sharma, Addl.PP.
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
JUDGMENT

1. Whether Reporters of Local newspapers may be allowed to see the Judgment? No

2. To be referred to the Reporter or not? No

3. Whether the Judgment should be reported in the Digest? No V.K.Jain, J. Crl.M.A. No. 11475/2009 in Crl.M.C. 1385/2009 This is an application for condonation of delay in refiling. For the reasons stated in the application, it is allowed. 2009:DHC:4463 Crl. M.C. No. 1385/2009 The application stands disposed of. Crl.M.A. 11476-78/2009 IN CRL.M.C. 1385/2009 The case of the applicant is that the petitioners No.1 had played a fraud upon her as well as upon the court by stating that she was now residing with him whereas in fact even at the time the FIR was quashed, she was not residing with petitioner No.1. If an order has been obtained from the court by playing fraud upon it or by mis-representation, the court has an inherent power to recall such an order. Hence, notice of the applications be issued to petitioner No.1, Kamal Preet Singh for 17.11.2009.

(V.K. JAIN) JUDGE October 26, 2009