Harish Chandra Joshi vs State (Nct Of Delhi) & Anr
2019 Latest Caselaw 733 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of Order: February 05, 2019

+     CRL.M.C. 2830/2018 & CRL.M.A. 10039/2018
      HARISH CHANDRA JOSHI                      .....Petitioner
                     Through: Mr. Vishalakshi Singh, Advocate

                              versus

      STATE (NCT OF DELHI) & ANR                  .....Respondents
                    Through: Ms. Neelam Sharma, Additional
                              Public Prosecutor for respondent-
                              State SI Chetan Mandia
                              Mr. Kunal Sharma, Advocate for
                              Official Liquidator
      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                              ORDER

(ORAL)

Quashing of FIR No. 162/2009, under Sections 193/196/197/198/421/468/120B of IPC, registered at P.S.: Economic Offences Wing, Delhi is sought on merits in this petition.

Learned Additional Public Prosecutor submits that the charge-sheet in the case has been filed.

Learned counsel for petitioner relies upon orders of 3rd May, 2018 (Annexure-A) in CO.PET. 418/1998 titled In the matter of M/s Vinkas General Carbon Ltd. and of 4th February, 2013 in CRL.M.C. 3627/2012 titled Sushil Singhla & Anr. vs. State & Anr. to seek quashing of FIR in question. Since charge-sheet has been filed therefore, this Court is not inclined to exercise its inherent jurisdiction under Section 482 of Cr.P.C

for quashing of FIR as petitioner has efficacious remedy to urge the pleas taken herein before the trial court at the stage of hearing on the point of charge.

Accordingly, this petition and the application are disposed of, while relegating the petitioners to raise the pleas taken herein before the trial court at the stage of hearing on the point of charge.

(SUNIL GAUR) JUDGE FEBRUARY 05, 2019 v