Mahavir Singh vs State Of (Nct) Delhi & Ors.
2015 Latest Caselaw 2113 Del

    * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of Decision: March 11, 2015

+      CRL.M.C. 958/2015 & Crl. M.A.No.3591/2015
       MAHAVIR SINGH                                       ..... Petitioner
                   Through:            Mr. M.L. Choudhary, Advocate
                                       with petitioner in person

                         versus

       STATE OF ( NCT) DELHI & ORS.            ..... Respondents
                      Through: Mr. Vinod Diwakar, Additional
                                Public Prosecutor for respondent
                                No.1-State with SI Raj Kumar
                                Respondents No.2 to 4 in person

       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                         JUDGMENT

% (ORAL)

In this petition, quashing of FIR No. 814/2014, under Section 308/34 of the IPC, registered at police station Neb Sarai, Delhi is sought by petitioner on the basis of misunderstanding being cleared amongst the parties.

Mr. Vinod Diwakar, learned Additional Public Prosecutor accepts notice of this petition on behalf of respondent-State and submits that respondents No.2 is the first-informant and injured in this FIR and he has been identified to be so by SI Raj Kumar, Investigating Officer of this case. Learned Additional Public Prosecutor for respondent-State further submits that respondents No.3 & 4 had also sustained injuries in the

Crl.M.C.No.958/2015 Page 1 incident in question and respondent No.3 is present in the Court and he has been also indentified as the injured by SI Raj Kumar, Investigating Officer of this case.

Learned counsel for petitioner submits that respondent No.4, who is another injured in this case, cannot appear before this Court today due to personal difficulty but his affidavit of 20th December, 2014 supporting this petition is on record.

Respondents No.2 & 3 affirm the contents of their affidavits of 20 th December, 2014 on record in support of this petition.

Learned Additional Public Prosecutor for respondent-State submits that investigation in this case is almost complete and after completion of the investigation, supplementary statements of respondent No.2/ first- informant as well as respondents No.3 & 4 would be recorded and in view of the affidavits of the parties, final report will be filed before the trial court within a period of four weeks.

Let it be so done.

This petition and applications are accordingly disposed of with liberty to petitioner to avail of the remedy as available in the law, if need be.

Dasti.

                                                         (SUNIL GAUR)
                                                           JUDGE
MARCH 11, 2015
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Crl.M.C.No.958/2015                                                   Page 2