Disposed

Rakesh Kumar Sharma v. State NCT of Delhi & Anr.

Delhi HC1 Feb 2024CRL.M.C./240/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a petition seeking quashing of an FIR, directing the Trial Court to conclude proceedings within three months given the complainant's withdrawal due to non-appearance for cross-examination, while also granting exemption in a separate exemption application.

What did the court decide?

The petition was disposed of; the Trial Court was directed to conclude proceedings within three months considering the withdrawal of the sole complainant.

Rakesh Kumar Sharma Vs State NCT of Delhi & Anr. — Quashing and FIR | Delhi HC (2024)

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$~2

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 240/2024, CRL.M.A. 946/2024

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RAKESH KUMAR SHARMA ..... Petitioner

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Through: Mr. Pawan K. Bahl, Advocate with Petitioner-in-person.

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versus

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STATE NCT OF DELHI & ANR. ..... Respondents

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Through: Ms. Kiran Bairwa, APP with Insp. S. S. Yadav (IO) and Insp. Sandeep and, P.S. : Vasant Vihar.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R

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% 01.02.2024

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CRL.M.A. 945/2024

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Exemption allowed, subject to just exceptions.

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Application stands disposed of.

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CRL.M.C. 240/2024, CRL.M.A. 946/2024

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Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for quashing of FIR No. 222/2006 under Sections 323/330/34/343/506 IPC registered at PS: Vasant Vihar, Delhi.

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Issue notice. Learned APP for the State appears on advance notice and accepts notice.

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Learned counsel for the petitioner submits that since the complainant (PW-1) failed to appear for purpose of cross-examination before the learned Trial Court despite ample opportunities, PW-1 (complainant) was directed to

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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 02/07/2025 at 08:26:26

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be dropped from the array of witnesses vide order dated 22.11.2021.

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It is further pointed out that as per the case of prosecution, only the complainant appears to be the relevant witness, while the remaining witnesses relate to formal conduct of investigation. The aforesaid position is confirmed by learned APP for the State, on instructions from IO.

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In the facts and circumstances, learned Trial Court is directed to consider the aforesaid factual position and accordingly conclude the proceedings within a period of three months from the next date of hearing, i.e. 04.04.2024.

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Petition is accordingly disposed of. Pending applications, if any, also stands disposed of.

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A copy of this order be forwarded to learned Trial Court for information and compliance.

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ANOOP KUMAR MENDIRATTA, J.

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FEBRUARY 01, 2024/ R

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Rakesh Kumar Sharma v. State NCT of Delhi & Anr.

Case brief

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Rakesh Kumar Sharma v. State NCT of Delhi & Anr.

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