Praveen Gupta vs State Nct Of Delhi & Anr.
2011 Latest Caselaw 42 Del

               *          IN THE HIGH COURT OF DELHI AT NEW DELHI


                                                   Date of Reserve: 15th December, 2010

                                  Date of Order: January 04, 2011

                                     + Crl. MC No. 1982/2010
%                                                                                 04.01.2011
          Praveen Gupta                                         ...Petitioner

          Versus

          State NCT of Delhi & Anr.                             ...Respondents

Counsels:

Mr. S.N. Pandey for petitioners.
Mr. O.P. Saxena, APP for State/respondent.


          JUSTICE SHIV NARAYAN DHINGRA

1.        Whether reporters of local papers may be allowed to see the judgment?

2.        To be referred to the reporter or not?

3.        Whether judgment should be reported in Digest?


                                             JUDGMENT

1. This petition has been filed by the petitioner under Section 482 Cr.P.C for

quashing an FIR No.600 of 2009 lodged with police station Maurya Enclave New Delhi

under Section 8/24 of DPT Act, 1994 on the ground that the petitioner has been wrongly

impleaded in this FIR for cutting/ removing the trees. It is submitted that the allegations

against the petitioner were in the nature of hearsay and the source of the allegations

were not known and the FIR was result of conspiracy between respondent no.3 and his

friend.

2. It is settled law that powers under Section 482 Cr.P.C should be exercised by this

Court sparingly and in those rare cases where no issue of facts was involved. Quashing

of FIR on the basis of allegations that the FIR was a false FIR and was result of

conspiracy between respondent needs investigation of facts and adjudication of

Crl.MC 1982/2010 Page 1 Of 2 allegations made by the petitioner. A cut tree is a sufficient basis for registration of an

FIR. I consider that this Court cannot entertain this petition. Let police investigate the

case and file a report. The petitioner's right to address the trial court shall arise only after

filing of charge sheet. It is not a case in which the petitioner is sought to be arrested by

police. I find no reason to entertain this petition. The petition is hereby dismissed with no

orders to costs.

January 04, 2011                                   SHIV NARAYAN DHINGRA, J
rd




Crl.MC 1982/2010                                                              Page 2 Of 2