Pradeep Kumar Gathania v. State & Anr

Delhi High Court · 28 Jan 2019 · 2019:DHC:562
Sunil Gaur
CRL.M.C. 96/2019
2019:DHC:562
criminal petition_dismissed

AI Summary

The Delhi High Court refused to quash an FIR after charge-sheet filing and cognizance, directing the petitioner to raise discharge pleas before the trial court.

Full Text
Translation output
CRL.M.C. 96/2019
HIGH COURT OF DELHI
Date of Order: January 28, 2019
CRL.M.C. 96/2019 & CRL.M.A. 429/2019
PRADEEP KUMAR GATHANIA ..... Petitioner
Through: Mr. Deepak Bashta and Ms. Simon Benjamin, Advocates
VERSUS
STATE & ANR .....Respondents
Through: Ms. Neelam Sharma, Additional Public Prosecutor for respondent-
State with SI Krishan Kumar
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
CRL.M.A. 430/2019 (Exemption)
Allowed subject to all just exceptions.
CRL.M.C. 96/2019 & CRL.M.A. 429/2019
Quashing of FIR No. 93/2014, under Sections 120B/384/420/467/468 & 471 of IPC and Section 12 of Indian Passport
Act, 1967, registered at police station Economic Offences Wing, Delhi is sought on merits. It is brought to the notice of this Court that the charge- sheet in the FIR case has been filed and the cognizance has been taken.
Since petitioner has an alternate and efficacious remedy to seek discharge from trial court by urging the pleas taken herein, therefore, this
2019:DHC:562
CRL.M.C. 96/2019
Court is not inclined to exercise its inherent jurisdiction under Section
482 of Cr.P.C.
Accordingly, this petition and the application are disposed of with liberty to petitioner to urge the plea taken herein before the trial court at the hearing on the point of charge.
(SUNIL GAUR)
JUDGE
JANUARY 28, 2019 v 2019:DHC:562
JUDGMENT