CRL.M.C./4730/2023 of XXXX THRU HARJEET SINGH KALRA Vs STATE (GOVT OF NCT OF DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI+ CRL.M.C. 4730/2023 & CRL.M.A. 18095/2023 XXXX THRU HARJEET SINGH KALRA .....Petitioner XXXX THRU HARJEET SINGH KALRA .....Petitioner

.....Petitioner

Through: Mr. R.K. Bharani, Mr. Ashish Bharani and Ms. Ananya Parashar, Advs. Bharani and Ms. Ananya Parashar, Advs.

versus

STATE (GOVT OF NCT OF DELHI)

.....Respondent

Through: Mr. Laksh Khanna, APP for State SI Annu, P.S. Hauz Khas and SI Sanjay Kumar, P.S. Rajouri Garden

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRIO R R

25.07.2024

1.Present petition has been preferred against the order dated 09.11.2022 passed in Criminal Revision No.322/2022.

2.Learned counsel for the petitioner restricts his prayer to Prayer(a). Learned counsel for the petitioner contends that at the time of passing of the order neither any notice was issued to the present petitioner nor any opportunity was granted for hearing.

3.Learned counsel for the respondent states that he has no objection if the impugned order is set aside only if an opportunity of hearing is granted to the present petitioner, to which learned counsel for the petitioner fairly agrees.

4.Mr. Khanna, learned APP states that he has no objection to the aforesaid arrangement.

5.Mr. Khanna, learned APP has referred to the decision of coordinate

bench in VLS Finance Ltd. v. State NCT of Delhi & Ors.reported as (2024) SCC OnLine Del 3908 and Jagjeet Singh & Ors. v. Ashish Mishra@Monu& Anr. reported as (2022) 9 SCC 321.

6. Considering the aforesaid, order dated 09.11.2022 is set aside. The matter is remanded back to the concerned court which shall grant hearing to the petitioner.

JULY 25, 2024/ns

MANOJ KUMAR OHRI, J