Ajit Kumar Mishra v. State & Ors.

Delhi High Court · 30 Nov 2018 · 2018:DHC:8256
Rekha Palli
CRL.M.C. 6064/2018
2018:DHC:8256
criminal appeal_dismissed

AI Summary

The Delhi High Court dismissed the petitions as not maintainable due to availability of revision remedy under Section 397 Cr.P.C., granted leave to withdraw with liberty to file revision, and provided interim protection against coercive action for two weeks.

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$-33, 34, 35 & 36 HIGH COURT OF DELHI
CRL.M.C. 6064/2018 & Crl.M.A. Nos.48453/2018 (stay) &
48454/2018 (exemption)
AJIT KUMAR MISHRA Petitioner
Through Ms.Aakanksha Kaul, Adv. with Mr.Nakul Jain, Adv.
VERSUS
STATE &ORS. Respondents
Through Mr.Mukesh Kumar, APP for the State.
CRL.M.C. 6065/2018 & Crl.M.A. Nos.48456/2018 (Exemption) &
48455/2018 (stay)
Thi'ough Ms.Aakanksha Kaul, Adv. with
VERSUS
STATE & ORS. Respondents Tlirough Mr.Mukesh Kumar, APP for the
State.
CRL.M.C. 6066/2018 & Crl.M.A. Nos.48458/2018 (Exemption) &
48457/2018 (stay)
Through Ms.Aakanksha Kaul, Adv. with
VERSUS
2018:DHC:8256 STATE & ORS. Respondents State.
CRL.M.C. 6067/2018 & Crl.M.A. Nos.48460/2018 (Exemption) &
48459/2018 (stay)
AJIT KUMAR MISHRA .... Petitioner Thi-ough MsAakanksha Kaul, Adv. with
STATE & ORS.
VERSUS
Respondents State.
CORAM:
HON'BLE MS. JUSTICE REKHA PALLI
30.11.2018 At the outset, Mr.Mukesh Kumar, learned APP submits that the presentpetitions are not maintainable as the petitioner has an alternate statutory remedy by way of a revision petition under Section 397 of the Cr.P.C.
In view of the aforesaid objection, learned counsel for the petitioner prays for leave to withdraw the present petitions with libeity to file revision petitions before the learned Additional Sessions
Judge. He, however, prays that in the interregnum, till the petitioner approaches the learned ASJ, the petitioner may be granted interim protection so that no coercive action is takenagainsthim.
Accordingly, while granting leave to the petitioner to withdraw the present petitions with liberty as aforesaid, it is directed that no coercive action would be taken in terms of the order passed by the learned Metropolitan Magistrate for a period oftwo weeks.
The petitions are disposed of as withdrawn along with the pending applications.
Dasti under signatures of Court Master.
REKHycr j NOVEMBER 30, 2018
JUDGMENT