Writ petition challenging jurisdiction of Delhi Police regarding an FIR. Court permitted filing appropriate petition in Delhi High Court and extended an interim stay order for seven weeks before disposing of the matter.
Permission to file appropriate petition in Delhi High Court granted and interim stay extended for seven weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.08.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
W.P.No.18222 of 2019
Ajay Kumar Bishnoi ... Petitioner/1st Accused
Vs.
... Respondents
Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declare that the FIR in Crime No.36 of 2018 dated 06.03.2018 under Section 120(b), 406 and 420 of IPC on the file of the second respondent – Delhi EOW Police – Sec.V, EOW, Delhi Police, P.S.Mandir Marg, New Delhi – 110 001, as without jurisdiction and therefore void ab-initio, ultra vires and non est in law.
For Petitioner : Mr.Nithyaesh Natraj
For Respondents : Mr.A.Gopinath for R1 and R2 Government Advocate (Crl. Side)
Mr.A.R.L.Sundaresan for R3 Senior Counsel for M/s.A.L.Ganthimathi
When the matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that without going into the merits of the case, this Court may permit the
petitioner to file appropriate petition before the High Court of Delhi which has jurisdiction and prayed to extend the order of interim stay granted by this Court on 27.06.2019 in W.M.P.No.17590 of 2019 in W.P.No.18222 of 2019 for a further period of seven weeks from the date of receipt of a copy of this order.
2.Considering the limited request made by the learned counsel appearing for the petitioner, this Court permits the petitioner to file appropriate petition before the High Court of Delhi. The order of interim stay granted by this Court on 27.06.2019 in W.M.P.No.17590 of 2019 in W.P.No.18222 of 2019 is extended for a further period of seven weeks from the date of receipt of a copy of this order.
3.With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition, if any, is/ are closed.
Sd/-
Assistant Registrar(CS V)
//True Copy//
Sub Assistant Registrar
pri
To
Dr.Muthulakshmi Road, Indira Nagar, Adyar,
Chennai, TN.
Copy to :-
The Public Prosecutor, High Court Madras.
+1cc to M/s.A.L.Ganthimathi, Advocate, S.R.No.37902
W.P.No.18222 of 2019
GPL(CO) CT/25/08/2021
Ajay Kumar Bishnoi
The Inspector of Police, J-2, Adyar Police Station
The Inspector of Police, Economic Offence Wing
Enn Emm Machines Pvt. Ltd.
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
