Prashant Upadhyay & Anr v. State (Govt. of NCT of Delhi) & Anr

O R D E R %

08.11.2024 CRL.M.A. 33441/2024 Exemption allowed, subject to just exceptions. Application stands disposed of. W.P.(CRL) 3482/2024, CRL.M.A. 33440/2024 Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioners for quashing of FIR No. 0210/2024, under Sections 498A/406/34 IPC, registered at PS: Sector 23, Dwarka. Issue notice. Learned ASC for State appears on advance notice and accepts notice. On instructions of IO, learned ASC informs that FIR was registered on 22.08.2024 and the case is still under investigation. At this stage, learned counsel for petitioners seeks to withdraw the petition without prejudice to the rights and contentions of the petitioners and This is a digitally signed order. prays that petitioners may be permitted to join the investigation during months of November and December, 2024 through VC, as petitioner No. 1 is presently residing in Canada. Taking the statement of learned counsel for petitioners on record, petition is accordingly disposed of with permission to join the investigation initially through VC, as prayed. Pending applications, if any, also stand disposed of.

ANOOP KUMAR MENDIRATTA, J. NOVEMBER 08, 2024/R This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3482/2024, CRL.M.A. 33440/2024 PRASHANT UPADHYAY & ANR. .....Petitioners Through: Ms. Shashi Kiran, Sr. Advocate with Mr. Vaibhav Maheshwari, Mr. Ankur Yadav, Advocates. versus STATE (GOVT. OF NCT OF DELHI) & ANR. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Advocate and SI Jyoti, PS: Dwarka Sec. 23. CORAM: HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA