Disposed¶9

Shamsher @ Shammi v. State & Ors.

Delhi HC13 Jan 2025CRL.A./1414/2019

Case brief

AI extract

What is this about?

CRL.A. 1414/2019, Shamsher @ Shammi v. State & Ors., High Court of Delhi, Manmeet Pritam Singh Arora, J., 13.01.2025; maintainability of appeal; preliminary objection; proviso to Section 372 CrPC; efficacious alternate remedy, appeal before Court of Sessions; withdrawal with liberty; four weeks to file appeal; exclusion of time under Section 14 Limitation Act 1963; Lalita vs. State and Others 2019 SCC OnLine Del 9808; Seema v. State & Ors. CRL.A. 1247/2019; impugned order dated 08.08.2019; pending applications disposed.

What did the court decide?

Liberty to withdraw the petition and file an appeal against the impugned order dated 08.08.2019 before the Court of Competent Jurisdiction within four weeks, with exclusion of the time spent in the present proceedings for limitation under Section 14 of the Limitation Act, 1963; pending applications disposed of.

Shamsher @ Shammi Vs State & Ors. — Delhi HC (2025) — LawSathi Research

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.A. 1414/2019 & CRL.M.A. 42623/2019

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SHAMSHER @ SHAMMI .....Appellant Through: Mr. Amit Chaddha, Sr. Advocate with Mr. Aditya Bhardwaj and Mr. H. Singh, Advocates

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versus

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STATE & ORS. .....Respondents Through: Mr. Laksh Khanna, APP for State with SI Sonu Kr. Jha, PS: Ambedkar Nagar Mr. Sunny Mann, Advocate for R-2 & R-3

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CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA O R D E R

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% 13.01.2025

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Mr. Sunny Mann, Advocate appearing for Respondent Nos. 2 and 3 has raised a preliminary objection on the maintainability of the appeal.

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He states that in view of the proviso to Section 372 of Code of Criminal Procedure, 1973, the Petitioner herein has an efficacious remedy of filing an appeal against the impugned order dated 08.08.2019 before the Court of Sessions. He relies upon the judgement of the Coordinate Bench of this Court in Lalita vs. State and Others¹ .

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On the last date of hearing, learned senior counsel for the Petitioner

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1 2019 SCC OnLine Del 9808

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Page 1 of 3

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CRL.A. 1414/2019

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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 24/01/2025 at 14:38:09

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had sought time to examine the said judgement and therefore, the matter was adjourned for today’s hearing.

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Learned Senior Counsel for the Petitioner fairly states on instructions that in view of the Judgement passed by this Court in Lalita vs. State ( supra ) and Seema v. State & Ors.² , the present petition is not maintainable. 5. He, therefore, seeks liberty to withdraw the present petition and approach the appropriate Court for filing an appeal against the impugned order, in accordance with law.

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He states that the objection on maintainability has been raised by Respondents for the first time on the last date of hearing. He states that the Petitioner was therefore pursuing these proceedings bona fide. He states that the Petitioner undertakes to file the appeal within a period of four (4) weeks and seeks exclusion of the time spent before this Court in the present proceedings for the purpose of limitation.

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Learned counsel for the Respondent Nos. 2 and 3 states he has no objection to the said relief qua exclusion of period for counting limitation. 8. Mr. Laksh Khanna, who appears for the State also states that he has no objection to the submissions made by either of the parties and agrees that the Petitioner can maintain an appeal.

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Accordingly, this petition is disposed of granting liberty to the Petitioner to file an appeal within a period of four (4) weeks before the Court of Competent Jurisdiction in accordance with law. It is directed that if the appeal is filed within four (4) weeks the Petitioner will be entitled to exclusion of time spent in prosecuting the present petition as contemplating

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2 CRL. A 1247/2019

Page 2 of 3

CRL.A. 1414/2019

in Section 14 of Limitation Act, 1963.

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Pending applications stands disposed of.

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The digitally signed copy of this order, duly uploaded on the official website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No physical copy of order shall be insisted by any authority/entity or litigant.

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MANMEET PRITAM SINGH ARORA, J

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JANUARY 13, 2025/ rhc/ms

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Page 3 of 3

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CRL.A. 1414/2019

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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 24/01/2025 at 14:38:09

Shamsher @ Shammi v. State & Ors.

Case brief

What is this about?

What did the court decide?

Shamsher @ Shammi v. State & Ors.

Case brief

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