Disposed

Nisha Singh v. State & Anr.

Delhi HC3 Sept 2024CRL.M.C./5211/2022

Case brief

AI extract

What is this about?

Petition challenging a preliminary order under Section 145 Cr.P.C. passed by the SDM in the petitioner's absence. The High Court granted liberty to seek vacation of the order before the SDM and directed its disposal within six weeks, disposing of the petition without merits observations.

What did the court decide?

Liberty granted to file application before SDM for vacation of the impugned order; SDM directed to decide within six weeks.

Nisha Singh Vs State & Anr. — Property and Title | Delhi HC (2024)

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$~72

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 5211/2022 & CRL.M.A. 20797/2022

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NISHA SINGH .....Petitioner

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Through: Mr. R.K. Tarun, Ms. Aditi Shivadhatri, Mr. R.R. Bharti, Ms. Capt. Sebedita Rani, Advocates.

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versus

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STATE & ANR. .....Respondents Through: Mr. Shoaib Haider, APP for the State. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

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O R D E R

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% 03.09.2024

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The Petitioner has approached this Court assailing the Order dated 29.04.2022 passed by the Ld. SDM, Civil Lines, Delhi in Case No.33/SDM/RA/CL/2021-22/7739-42 purporting to be a preliminary Order passed under Section 145 Cr.P.C.

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A perusal of the Impugned Order indicates that on a perusal of the petition filed under Section 145 Cr.P.C, the Ld. SDM has come to a conclusion that there is a likelihood of breach of peace.

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Learned Counsel appearing for the Petitioner has raised several grounds challenging the Impugned Order. He states that the said Order has been passed by the Ld. SDM in the absence of the Petitioner.

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In view of the above, liberty is granted to the Petitioner to move an appropriate application for vacation of the Impugned Order dated

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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 07/09/2024 at 14:26:53

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29.04.2022 before the Ld. SDM raising all the contentions, including the contentions raised in the present petition, including the fact that the Applicant therein had already approached the Civil Court and the Civil Court has dismissed the case of the Applicant, thereby, the Impugned Order cannot be continued and permitted to be sustained.

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As and when such an application is filed by the Petitioner, the Ld. SDM is directed to dispose of the application within six weeks from the date of the filing of the application in accordance with law.

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It is made clear that this Court has not made any observation on the merits of the case.

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With these observations, the petition is disposed of, along with pending application(s), if any.

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SUBRAMONIUM PRASAD, J

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SEPTEMBER 3, 2024 S. Zakir

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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 07/09/2024 at 14:26:53

Nisha Singh v. State & Anr.

Case brief

What is this about?

What did the court decide?

Nisha Singh v. State & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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