Sukh Dayal @ Sukku & Ors v. State & Anr

ORDER %

02.11.2010 CrI. M.A. No. 17012/2010 Allowed, subject to all just exceptions. CRLM.C. No. 3446/2010 with CrI. M.A. no. 17011/2010 This petition has been filed for quashing of FIR No. 27/2007, P.S. N. Garh, registered under Section 498-A/406/34 lT>C. A similarpetitionwas filed by the petitioner being CrI. Misc. no. 1001/2007 and the same was dismissed. Counsel for the petitioner states that now charge-sheet has been filed in the matter and he has, therefore, right to again approach this Court for quashing of FIR after filing of charge-sheet. I consider that counsel for the petitioner has some misconception. After charge-sheet has been filed, the court again cannot consider the quashing of FIR even on merits. Once the investigation is complete and charge-sheet has been filed before the trial court, the petitioner has a right to argue before the court concerned whether charge is made out or not. The petition is dismissed. SHIVNARAY/^HINGRA,J NOVEMBER 02, 2010 acm Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

A $-42 IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 3446/2010 SUKH DAYAL @ SUKKU & ORS Petitioner Tiirough Mr. Akil Advocate versus STATE &ANR Respondent Througli Mr. Sunil Stiarma, Addl. PP for the State. CORAM: JUSTICE SHIV NARAYAN DHINGRA