Dismissed

B M Datta v. State of NCT of Delhi

Delhi HC12 Sept 2018CRL.M.C./247/2016

Case brief

AI extract

What is this about?

Two petitions seeking quashing of criminal proceedings were dismissed as withdrawn. The petitioners requested withdrawal pending the outcome of a cancellation report submitted by the prosecution, reserving their rights to contest if the report were rejected negatively.

What did the court decide?

The petitions and applications were dismissed as withdrawn; contentions reserved with liberty to agitate them if an adverse order is passed.

B M Datta Vs State of NCT of Delhi — Constitutional and Fundamental Rights | Delhi HC (2018)

¶1

Signature Not Verified I'} Signed By:RAM DATT Signing Date:07.10.2024 15:21 Certify that the digital and physical file have been compared and the digital data is as per the physical file an d no page is missing.

¶2

Through: Mr. PramodGupta,Advocatewith Mr. ManogyaSingh,&Ms. AnkitaKhanna, Advocates

¶3

versus

¶4

STATE OF NCT OF DELHI&ANR Respondents 1hrough: Mr. AshishDutta,APP tor the State Mr. BadarMahmood,Adv. for R-2.

¶5

CRL.M.C.247/2016and CrI.M.A.1101/2016 bmdatta

¶6

1hrough: Mr. PramodGupta, Advocatewith Mr. ManogyaSingh,&Ms. AnkitaKhanna, Advocates

¶7

versus

¶8

state OF NCT OF DELHI R,3p,„dent Through: Mr. AshishDutta,APP tor the State Mr. BadarMahmood,Adv. for R-2.

¶9

CRL.M.C.253/2016and Crl.M.A.1112/2016 MANGATRAM SINGHAL Petitioner Through: Mr. PramodGupta, Advocatewith Mr. ManogyaSingh, &Ms. AnkitaKhanna, Advocates

¶10

versus

¶11

state OF NCT OF DELHI&ANR Respondents Through: Mr. AshishDutta,APP torthe State Mr. BadarMahmood,Adv. for R-2.

¶12

CORAM:

¶13

HON'BLE MR. JUSTICE R.K.GAUBA

¶14

ORDER % 12.09.2018

¶15

The learnedAdditionalPublicProsecutorfor the State informsthe

¶16

CRL.M.C. 1707/2015 p ^ Page 2 of 3

¶17

¶18

courtthat the investigationinto the case FIR No.1028/2014ofPoliceStation Uttain Nagar lodged by second respondentBalbir Tyagi, allegingoffences punishableunder Sections 420/467/468/47I/506/I09/120-BIPC, has since been concluded and a report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) proposing cancellationof the case has been submitted in the court of Additional Chief Metropolitan Magistrate (ACMM).South-WestDistrictat Dwarkafor considerationofthe said court. He also submitsthat the ACMM is yet to take acall on the said cancellation report.

¶19

The learned counsel appearing for the petitioners in this batch of mattersseekmgquashingofthe proceedings,emanatingfrom the above said FIR and order dated 28.08.2014of the MetropolitanMagistrate,submit on mstructions,that in view ofthe afore noted development,they be permitted to withdrawthe petitionsand the applicationsfiled therewith,the petitioners reservingthe contentionsset out in these petitionsto be agitated,ifneed be, mfurthercourseofproceedingsand also bringachallengeon such and other grounds as are availablein law, should the court of cognizancepass any orderon the cancellationreportadverseto theirinterest.

¶20

The petitions and the applicationsfiled therewith are dismissed as withdrawn.The contentionsof the petitionersare reserved and kept open, with libertyfor the same to be agitatedin case adverseordersare passed by appropriateproceedings.

¶21

SEPTEMBER 12, 2018/vk

¶22

HR.K.GA

¶23

CRL.M.C. 1707/2015

¶24

Page 3 of3

B M Datta v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

B M Datta v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

H.B . Chaturvedi & Ors. Vs Enforcement Directorate Directorate of Enforcement (Pmla)

H.B. Chaturvedi & Ors. Vs Enforcement Directorate Directorate of Enforcement (Pmla)

M/S S.E Investments Ltd. Vs Vinod Kumar

K Chandra Vs State of NCT of Delhi & Anr.

Shashi Tyagi Vs State of NCT of Delhi & Anr.

Mangat Ram Singhal Vs State of NCT of Delhi & Anr.