Thankamma Joy & Ors. v. Government of NCT of Delhi & Ors.

Delhi High Court · 21 Dec 2018 · 2018:DHC:8131
Sunil Gaur
Crl.M.C. 6586/2018
2018:DHC:8131
criminal petition_allowed

AI Summary

The Delhi High Court quashed FIR No. 399/2016 under Sections 5 and 7 of The Haryana Essential Services Maintenance Act, 1974, based on a government circular directing discontinuation of such proceedings.

Full Text
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Crl.M.C. 6586/2018 Page 1 HIGH COURT OF DELHI
Date of Order: December 21, 2018
CRL.M.C. 6586/2018 & Crl.M.A. 50543/2018
THANKAMMA JOY & ORS. ..... Petitioners
Through: Ms. Nishata Chawla, Advocate
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr. M.S.Oberoi, Additional Public Prosecutor for respondent-State with SI
Satender Singh
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
JUDGMENT

1. Quashing of FIR No. 399/2016, under Section 5 & 7 of The Haryana Eessential Services Maintenance Act, 1974, registered at police station I.P.Estate, New Delhi is sought on the basis of Circular of 14th November, 2017 (Annexure P-7).

2. Mr. M.S.Oberoi, Additional Public Prosecutor for respondent- State, accepts notice and submits that in view of Circular of 14th November, 2017 (Annexure P-7), the proceedings arising out of FIR in question ought not to continue.

3. In view of aforesaid Circular, FIR No. 399/2016, under Section 5 & 7 of The Haryana Essential Services Maintenance Act, 1974, registered 2018:DHC:8131 Crl.M.C. 6586/2018 Page 2 at police station I.P.Estate, New Delhi and proceedings emanating therefrom are hereby quashed.

4. This petition and application are accordingly disposed of.

JUDGE DECEMBER 21, 2018 r