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$~4 to 9(common order)
COURT OF DELHI AT NEW DELHI
CRL.M.C. 1707/2015 and Crl.M.A.6164/2015
BALDEVRAJKAI^H
Through: Mr. Neeraj Malhotra, Senior Advocate with
Mr. B.C. Pandey, &Mr. S.P. Kamsah, Advocates
I'}
$~4 to 9(common order)
COURT OF DELHI AT NEW DELHI
CRL.M.C. 1707/2015 and Crl.M.A.6164/2015
BALDEVRAJKAI^H
Through: Mr. Neeraj Malhotra, Senior Advocate with
Mr. B.C. Pandey, &Mr. S.P. Kamsah, Advocates
VERSUS
STATE OF NCT OF DELHI &ANR Respondents
Through: Mr. Ashish Dutta, APP tor the State
Mr. Badar Mahmood, Adv. for R-2.
*
+
+ CRL.M.C. 2328/2015 and Crl.M.A.8130/2015
GYAS RAM p
, Petitioner
Through: Mr. Pramod Gupta, Advocate with
Mr. Manogya Singh, &Ms. Ankita Khanna, Advocates
Through: Mr. Ashish Dutta, APP tor the State
Mr. Badar Mahmood, Adv. for R-2.
*
+
+ CRL.M.C. 2328/2015 and Crl.M.A.8130/2015
GYAS RAM p
, Petitioner
Through: Mr. Pramod Gupta, Advocate with
Mr. Manogya Singh, &Ms. Ankita Khanna, Advocates
VERSUS
STATE OF NCT OF DELHI &ANR Respondent
Mr. Badar Mahmood, Adv. for R-2.
CRL.M.C. 244/2016 and Crl.M.A.1094/2016
SHASHITYAGI
Advocates
Mr. Badar Mahmood, Adv. for R-2.
CRL.M.C. 244/2016 and Crl.M.A.1094/2016
SHASHITYAGI
Advocates
VERSUS
STATE OF NCTOF DELHI &ANR Respondents
Mr. BadarMahmood, Adv. forR-2.
+
+ CRL.M.C. 246/2016 and Crl.M.A.1098-1099/2016
KCHANDRA
Petitioner
CRL.M.C. 1707/2015
Page 1 of3
2018:DHC:8250
Advocates
Mr. BadarMahmood, Adv. forR-2.
+
+ CRL.M.C. 246/2016 and Crl.M.A.1098-1099/2016
KCHANDRA
Petitioner
CRL.M.C. 1707/2015
Page 1 of3
2018:DHC:8250
Advocates
VERSUS
STATE OF NCT OF DELHI &ANR Respondents
1hrough: Mr. Ashish Dutta, APP torthe State
Mr. Badar Mahmood, Adv. forR-2.
+ CRL.M.C. 247/2016 and CrI.M.A.1101/2016 bmdatta
1hrough: Mr. Pramod Gupta, Advocate with
Advocates
1hrough: Mr. Ashish Dutta, APP torthe State
Mr. Badar Mahmood, Adv. forR-2.
+ CRL.M.C. 247/2016 and CrI.M.A.1101/2016 bmdatta
1hrough: Mr. Pramod Gupta, Advocate with
Advocates
VERSUS
state OF NCT OF DELHI R,3p,„dent
Mr. BadarMahmood, Adv. forR-2.
+ CRL.M.C. 253/2016 and Crl.M.A.1112/2016
MANGAT RAM SINGHAL Petitioner
Advocates
Mr. BadarMahmood, Adv. forR-2.
+ CRL.M.C. 253/2016 and Crl.M.A.1112/2016
MANGAT RAM SINGHAL Petitioner
Advocates
VERSUS
state OF NCT OF DELHI &ANR Respondents
Through: Mr. Ashish Dutta, APP torthe State
Mr. BadarMahmood, Adv. for R-2.
Through: Mr. Ashish Dutta, APP torthe State
Mr. BadarMahmood, Adv. for R-2.
CORAM:
HON'BLE MR. JUSTICE R.K.GAUBA
% 12.09.2018
The learned Additional Public Prosecutor for the State informs the
CRL.M.C. 1707/2015 p ^
Page 2 of3 n court that the investigation into the case FIR No.1028/2014 ofPolice Station
Uttain Nagar lodged by second respondent Balbir Tyagi, alleging offences punishable under Sections 420/467/468/47I/506/I09/120-B IPC, has since been concluded and areport under Section 173 of the Code of Criminal
Procedure, 1973 (Cr.P.C.) proposing cancellation of the case has been submitted in the court of Additional Chief Metropolitan Magistrate
(ACMM). South-West Districtat Dwarka for consideration ofthe said court.
He also submits that the ACMM is yet to take acall on the said cancellation report.
The learned counsel appearing for the petitioners in this batch of matters seekmg quashing ofthe proceedings, emanating from the above said
FIR and order dated 28.08.2014 ofthe Metropolitan Magistrate, submit on mstructions, that in view ofthe afore noted development, they be permitted to withdraw the petitions and the applications filed therewith, the petitioners reserving the contentions set out in these petitions to be agitated, ifneed be, mfurther course ofproceedings and also bring achallenge on such and other grounds as are available in law, should the court of cognizance pass any order on the cancellation report adverse to their interest.
The petitions and the applications filed therewith are dismissed as withdrawn. The contentions ofthe petitioners are reserved and kept open, with liberty for the same to be agitated in case adverse orders are passed by appropriate proceedings.
SEPTEMBER 12,2018/vk
CRL.M.C. 1707/2015
HR.K.GA
Page 3 of3
% 12.09.2018
The learned Additional Public Prosecutor for the State informs the
CRL.M.C. 1707/2015 p ^
Page 2 of3 n court that the investigation into the case FIR No.1028/2014 ofPolice Station
Uttain Nagar lodged by second respondent Balbir Tyagi, alleging offences punishable under Sections 420/467/468/47I/506/I09/120-B IPC, has since been concluded and areport under Section 173 of the Code of Criminal
Procedure, 1973 (Cr.P.C.) proposing cancellation of the case has been submitted in the court of Additional Chief Metropolitan Magistrate
(ACMM). South-West Districtat Dwarka for consideration ofthe said court.
He also submits that the ACMM is yet to take acall on the said cancellation report.
The learned counsel appearing for the petitioners in this batch of matters seekmg quashing ofthe proceedings, emanating from the above said
FIR and order dated 28.08.2014 ofthe Metropolitan Magistrate, submit on mstructions, that in view ofthe afore noted development, they be permitted to withdraw the petitions and the applications filed therewith, the petitioners reserving the contentions set out in these petitions to be agitated, ifneed be, mfurther course ofproceedings and also bring achallenge on such and other grounds as are available in law, should the court of cognizance pass any order on the cancellation report adverse to their interest.
The petitions and the applications filed therewith are dismissed as withdrawn. The contentions ofthe petitioners are reserved and kept open, with liberty for the same to be agitated in case adverse orders are passed by appropriate proceedings.
SEPTEMBER 12,2018/vk
CRL.M.C. 1707/2015
HR.K.GA
Page 3 of3
JUDGMENT