Writ petition seeking quashing of a prosecution sanction for offences under Sections 279/304A IPC was disposed of as infructuous because the petitioner had meanwhile been discharged. The legal question raised was left open.
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RAJAT KANT ..... Petitioner Through: Mr. M.K. Bhardwaj, Advocate
versus
GOVT OF NCT OF DELHI AND ORS ..... Respondents Through: Mr. Amol Sinha, ASC (Crl.) for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi Lazarus and Mr. Arjun Singh Kadian, Advocates along with ASI Bindeshwari Prasad, MACT/Cell/North District.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH O R D E R
% 09.01.2024
This petition has been filed by the Petitioner under Section 482 Cr.P.C. read with Article 226 of the Constitution of India for quashing and setting aside the impugned prosecution sanction dated 03.02.2020 in FIR No.300/2017 dated 25.10.2017 registered under Sections 279/304A IPC at P.S. Civil Lines with all consequential effects. Subsequently, Section 279 IPC was replaced with Section 336 IPC in the charge sheet.
Learned counsel appearing on behalf of the Petitioner fairly submits that the present petition has been rendered infructuous as Petitioner has been discharged in the meantime. Copies of the final report and the order dated 30.11.2023 discharging the Petitioner are handed over in Court and are taken on record.
Petition along with pending application is accordingly disposed of as infructuous.
Since the petition stands disposed of as infructuous on account of discharge of the Petitioner, the question of law raised herein is left open.
JANUARY 09, 2024/kks
JYOTI SINGH, J
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 13:09:03
1 issue framed by the court
Whether the prosecution sanction dated 03.02.2020 in FIR No.300/2017 could be quashed under Section 482 CrPC read with Article 226?
3 provisions across 3 enactments
Rajat Kant
Govt of NCT of Delhi
Jyoti Singh
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
