CRL.M.C./2327/2017 of UPENDER KUMAR GARG Vs STATE NCT OF DELHI & ORS
Parties
- UPENDER KUMAR GARG (PETITIONER)
- STATE NCT OF DELHI & ORS (RESPONDENT)
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+CRL.M.C. 2327/2017
UPENDER KUMAR GARG..... PetitionerThroughMr. N.P. Singh and Mr. H.L Raina,Advs.
versus
STATE NCT OF DELHI & ORS
..... Respondents
ThroughMr. Hirein Sharma, Addl. PP for Statewith IO Insp. Pankaj Arora.
CORAM:
HON'BLE MR. JUSTICE A. K. CHAWLAO R R%30.05.2017
CRL. M.A. 9468/2017 (exemption)
Exemption allowed, subject to just exceptions.
Application stands disposed off.
CRL.M.C. 2327/2017
Heard.Ld. Counsel for the petitioner submits that theobservations made in the order dated 7.10.2016 adversely affect theright of the petitioner to claim back the money deposited by him withIFI Reality (old). Advertance is made to the observations, of whichthe petitioner is mainly aggrieved, is as follows :
“......................................................................................................................................................................................................................This court has to take into consideration that if any amountpaid by the buyers besides the amount mentioned in the
registered documents, the said amount cannot be taken intoconsideration in as much as if person paid the amountbesides legal manner i.e. in illegal manner then definitely, hecannot take assistance of the law.Assistance of law can betaken by the person who enters into transaction following thelaw of land i.e. with accounted money.
............................................................................................................
..........................................................................................................”
Bail application records with the observations made in the saidorder shall have no effect on the merits of the case, as the merit of thecase has to be decided on the basis of the evidence led during the trial.In this background, it would suffice to say that any observation madeby the ld. ASJ in order dated 7.10.2016 will not pre-empt any claim ofthe petitioner for the release of money in his favour, if, he is soentitled. Petition stands disposed off accordingly.
A. K. CHAWLA, J
MAY 30, 2017rc