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CRL.M.C./1114/2015 of SANT LAL & ANR Vs THE STATE ( GOVT OF NCT OF DELHI) & ANR

Court
Delhi High Court
Decision date
2018-08-17
Case number
1114/2015

Parties

Cites (1)

Statutes cited (2)

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IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1114/2015 and Crl.M.A.4136/2015SANT LAL & ANR..... PetitionersSANT LAL & ANR..... Petitioners

Through:Mr. Parmod Kumar, Advocate withMr. Amod Kumar, Adv.Mr. Amod Kumar, Adv.

versus

THE STATE ( GOVT OF NCT OF DELHI) & ANR..... Respondents

Through:Mr. Mukesh Kumar, APP for theState with ASI Prem Ram Arya, PSHari Nagar.State with ASI Prem Ram Arya, PSHari Nagar.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBAO R R

17.08.2018

The petition at hand invokes the extraordinary jurisdiction of thiscourt under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.)bringing challenge to the order of the Metropolitan Magistrate framingcharge against the petitioner in the criminal case arising out of case FIRNo.147/2012 of Police Station Hari Nagar.

The remedy of revision was available and there is no reason why bye-passing such remedy, the inherent jurisdiction should have been invoked.This question was raised at the very outset but, thereafter, never addressed.

The petition is dismissed.

The interim orders stand vacated.

The petitioner, however, will have the liberty to pursue the revisionalremedy against the impugned order in accordance with law.

Pending application also stands disposed of.

R.K.GAUBA, J.

AUGUST 17, 2018/vk