Atmaram Dubey v. The State (NCT of Delhi) & Anr

Delhi High Court · 05 Apr 2023 · 2023:DHC:2415
Dinesh Kumar Sharma
CRL.M.C. 2376/2022
2023:DHC:2415
criminal appeal_dismissed Procedural

AI Summary

The Delhi High Court allowed withdrawal of a criminal petition with liberty to file a revision petition before the Sessions Court, condoned delay, and permitted the petitioner to appear through counsel before the Trial Court.

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Neutral Citation Number is 2023:DHC:2415
CRL.M.C. 2376/2022
HIGH COURT OF DELHI
CRL.M.C. 2376/2022 & CRL.M.A. 10029/2022
ATMARAM DUBEY ..... Petitioner
Through: Mr. Akash Vajpai, Advocate
VERSUS
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Through: Mr. Amit Ahlawat, APP for the State.
Mr. Sharique Hussain, Advocate for respondent No.2.
Date of Decision: 05th APRIL, 2023
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
JUDGMENT
DINESH KUMAR SHARMA, J.
(Oral)

1. Learned counsel for the petitioner seeks permission to withdraw the present petition with liberty to file a revision petition before the learned Sessions Court within a period of one month. Learned counsel for the petitioner further submits that the matter is fixed before the learned Trial Court on 12.04.2023 and the petitioner may be exempted to appear through counsel before the learned Trial Court on the next date of hearing.

2. Liberty is granted.

3. Present petition is dismissed as withdrawn with liberty to file an appropriate petition before the learned Sessions Judge. The delay if any in Neutral Citation Number is 2023:DHC:2415 CRL.M.C. 2376/2022 filing the revision petition before the learned Sessions Court shall be condoned in view of the fact that the present petition is filed before this Court. The petitioner may appear through counsel before the learned Trial Court on 12.04.2023.

4. With these observations, the present petition stands disposed of.

5. However, it is clarified that this Court has not gone into the merits of the present case. No expression made herein shall tantamount to be an expression on the merits of the case.

DINESH KUMAR SHARMA, J APRIL 05, 2023 St..