Disposed

State (Nct of Delhi) v. Arshad Khan

Delhi HC9 Feb 2024CRL.M.C./952/2024

Case brief

AI extract

What is this about?

State sought quashing of trial court orders directing inquiry against the investigating officer for repeated non-appearance. The SI tendered an unconditional apology with an undertaking to appear; the High Court disposed of the petition directing the sessions court to give quietus to the inquiry directions.

What did the court decide?

Petition disposed of; sessions court directed to give quietus to inquiry directions dated 11.12.2023 following apology by SI.

State (Nct of Delhi) Vs Arshad Khan — Quashing and FIR | Delhi HC (2024)

¶1

$~80

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

- CRL.M.C. 952/2024 & CRL.M.As. 3821-3822/2024

¶4

STATE (NCT OF DELHI) ..... Petitioner

¶5

Through: Mr.Sanjeev Bhandari, ASC for State with Mr. Kunal, Mr. Arjit and Ms.Rishika, Advocates with ACP Ved Prakash and SI Nishant Suran

¶6

versus

¶7

ARSHAD KHAN ..... Respondent

¶8

Through:

¶9

CORAM: HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R % 09.02.2024

¶10

By way of present petition, the petitioner seeks the following reliefs:

¶11

“ Quash and/or set aside order(s)dated 19.09.2023, 20.11.2023, 11.12.2023 & 22. 12.2023 passed by the Court of Ld. ASJ-05, New Delhi District, Patiala House Courts, Delhi in FIR No. 197/2020 PS Special Cell u/s 186/353/307 IPC, 1860& Section 25/27 Arms Act, 1959 titled as "State vs. Arshad Khan" including but not limited to the procedure adopted by the Ld. ASJ whereby directions/orders have been issued for conducting an inquiry against the investigating officer and directing the police commissioner to file report under his signatures, and placing the outcome of the same on record ….”

¶12

A perusal of the paper-book shows that despite issuance of notices, SI Nishant Suran has repeatedly remained absent in the trial court which has resulted in inconvenience to the functioning of court.

¶13

At the outset, SI Nishant Suran tenders his unconditional apology for his non-appearance before the trial court and in this regard, has also filed an

¶14

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 13/12/2024 at 15:27:51

¶15

affidavit. He states that his non-appearance before the trial court was unintentional and he undertakes to remain careful in future. He further assures that such conduct will not be repeated. He further states a similar apology will also be tendered before the learned Session Court.

¶16

Mr. Bhandari, learned ASC has informed that an enquiry has been conducted and an explanation was also called from SI Suran whereafter, he has been warned to be careful in future.

¶17

Considering that the SI Suran has tendered an unconditional apology and further undertakes to appear before the sessions court as well as tender his unconditional apology, learned Sessions Court shall give a quietus to the directions given on 11.12.2023.

¶18

The petition along with pending applications is disposed of in above terms.

¶19

7. Dasti.

¶20

MANOJ KUMAR OHRI, J

¶21

FEBRUARY 9, 2024/ rd

¶22

This is a digitally signed order.

¶23

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 13/12/2024 at 15:27:51

State (Nct of Delhi) v. Arshad Khan

Case brief

What is this about?

What did the court decide?

State (Nct of Delhi) v. Arshad Khan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Harmeet Singh Narula Vs Harleen Kaur

Parth@ Pravin Bhai & Ors. Vs State of NCT of Delhi & Anr.

Smt. Shruti Seth & Anr. Vs M/S Charu Motors Pvt. Ltd.

Nandan Singh Bisht Vs Govt of NCT of Delhi & Anr.

Balwan Singh & Ors. Vs Government of NCT of Delhi & Ors.

Abhishek Tygai & Ors. Vs State & Anr.