Dismissed

Shibashiv Manas Ranjan Padhi v. State NCT of Delhi & Anr.

Delhi HC22 Oct 2024CRL.M.C./2335/2024

Case brief

AI extract

What is this about?

Petition under Section 482 CrPC sought quashing of an FIR for offences under Sections 498A/406/34 IPC and consequential proceedings. The Court noted charges had already been framed and the petitioner had an efficacious alternate remedy of challenging the order on charge before the Sessions Court, and dismissed the petition with liberty.

What did the court decide?

Dismissed with liberty to file appropriate petition challenging the order framing charges; pending applications disposed of.

Shibashiv Manas Ranjan Padhi Vs State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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+ CRL.M.C. 2335/2024, CRL.M.A. 8969/2024 & CRL.M.A. Nos. 32029-30/2024

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SHIBASHIV MANAS RANJAN PADHI .....Petitioner

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	Through:	Mr. Akash Vajpai, Advocate
	versus
STATE NCT OF	DELHI
& ANR.		.....Respondents
	Through:	Mr. Sunil Kumar Gautam,
		APP for the State with SI
		Ajeet Singh, PS Palam Village.
		Mr. Nitin Chaudhary, Advocate for R-2.

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN

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O R D E R

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% 22.10.2024

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The present petition is filed seeking quashing of the FIR No. 239/2015 dated 26.04.2015, registered at Police Station Palam Village, for offences under Sections 498A/406/34 of the Indian Penal Code, 1860, and all consequential proceedings arising therefrom.

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Concededly, the chargesheet has already been filed and the charges have already been framed by the learned Metropolitan Magistrate vide order dated 15.07.2023, in Cr. Case. No. 3641/2018 against the petitioner and other accused persons and the order passed by the learned Trial Court framing charges is revisable in nature.

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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 28/10/2024 at 11:54:30

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On being asked why the petition has not been filed before the learned Court of Sessions challenging the order on charge, the learned counsel for the petitioner states that the petitioner has an alternate remedy to file a petition under Section 482 of the Code of Criminal Procedure, 1973.

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Concededly, the petitioner has an alternate, efficacious remedy of challenging the order on charge before the Court of Sessions. This Court does not consider it apposite to pass any orders at this stage as all arguments can be taken by the petitioner before the learned Court of Sessions.

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The petition is dismissed with liberty to the petitioner to file appropriate petition challenging the order framing charges.

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Pending applications stand disposed of.

AMIT MAHAJAN, J

OCTOBER 22, 2024

‘Aman’

This is a digitally signed order.

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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 28/10/2024 at 11:54:30

Shibashiv Manas Ranjan Padhi v. State NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Shibashiv Manas Ranjan Padhi v. State NCT of Delhi & Anr.

Case brief

What is this about?

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What the court decided

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