Disposed

Hitendra Tomar v. State of NCT of Delhi and Ors.

Delhi HC10 Jul 2024CRL.M.C./932/2021

Case brief

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What is this about?

Single judge order disposing of a Section 482 Cr.P.C. petition and a connected application for additional documents after accepting counsel's submission to withdraw with liberty to argue on framing of charges in cross-FIRs involving alleged false cognizance.

What did the court decide?

Exemption/permission to withdraw petition allowed subject to fixtures; pending applications disposed of.

Hitendra Tomar Vs State of NCT of Delhi and Ors. — Quashing and FIR | Delhi HC (2024)

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$~90

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 932/2021

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HITENDRA TOMAR .....Petitioner

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Through: Mr. Medhanshu Tripathi and Mr. Harish Sharma, Advocates.

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versus

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STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Yudhvir Singh Chauhan, APP for State with Inspector Neeraj Kumar, PS: Sagarpur and SI Kishor Prasad, PS: V. K. North.

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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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% 10.07.2024

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CRL.M.A. 19925/2024

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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. 932/2021 & CRL.M.A. 19924/2024

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1. Petition under Section 482 Cr.P.C. has been preferred on behalf of petitioner for quashing of chargesheet in FIR No. 0244/2014, under Sections 323/341 IPC, registered at PS: Vasant Kunj (North). Sections 325/341/451/452/506 IPC were subsequently invoked.

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CRL.M.A. 19924/2024 under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioner for placing additional documents on record.

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2. Learned counsel for petitioner submits that FIR No. 0243/2014 dated

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CRL.M.C. 932/2021

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Page 1 of 2

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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 19/07/2024 at 14:55:40

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29.03.2014, under Section 308IPC, was registered at PS: Vasant Kunj (North), at instance of petitioner, since he had sustained injuries, after being summoned to the spot on receiving a call from Police. Thereafter, the present FIR No. 0244/2014 dated 30.03.2014 was falsely lodged at instance of accused as cross-case to FIR No. 0243/2014 lodged by petitioner, after gap of about 9 hours, in collusion with the Police. He further submits that petitioner is a whistle blower and had made complaints of unauthorized construction, against mafias. Further, petitioner also filed writ petition No. 5926/2013 in this regard.

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3. Admittedly, FIR Nos. 0243/2014 and 0244/2014 are cross cases and are required to be taken up together by the Court. It may not be feasible to express opinion on merits at this stage, since chargesheet has been filed in both the FIR’s after investigation.

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4. Learned counsel for petitioner seeks permission to withdraw the petition, at this stage with liberty to address arguments on the point of charge before the learned Trial Court and file appropriate proceedings, if any, if petitioner is aggrieved against framing of charge. Petitioner also seeks liberty for initiating proceedings against defaulting officials in the light of finding on charge.

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5. Taking the statement of learned counsel for petitioner on record, petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

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Next date of hearing, i.e. 09.08.2024 stands cancelled.

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ANOOP KUMAR MENDIRATTA, J.

JULY 10, 2024/ R

CRL.M.C. 932/2021

Page 2 of 2

Hitendra Tomar v. State of NCT of Delhi and Ors.

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Hitendra Tomar v. State of NCT of Delhi and Ors.

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