Atul Khanna v. State Govt. of NCT of Delhi and Ors

O R D E R %

18.11.2024

¶1By the present petition, the petitioner prays as under : a. Pass a writ of mandamus or any other appropriate writ / order or direction for proper investigation of offences in the FIR bearing no. 396 of 2016, dated 12.08.2016, filed under Section(s) 406, 420, and34 of the Indian Penal Code, 1860, registered at Sarita Vihar PoliceStation, New Delhi; and b. Pass an order for monitoring the investigation in the FIR bearing no. 396 of 2016, dated 12.08.2016, filed under Section(s) 406, 420, and 34 of the Indian Penal Code, 1860, registered at Sarita Vihar Police Station, New Delhi; and /or Pass any other such orders as deemed fit and necessary in view of the facts and circumstances and in the interest of justice.

¶2The learned counsel for the petitioner submits that the investigation of the FIR was delayed at the instance of the accused, who on an earlier occasion, filed a petition before this Court seeking quashing of the FIR. This is a digitally signed order. 3. She submits that the accused had settled the dispute, however, did not comply with the terms of settlement and the petition filed seeking quashing of the FIR was ultimately withdrawn.

¶4She submits that the same led to delay of almost five years.

¶5She submits that the petitioner is a bona fide homebuyer and is aggrieved by such delay in investigation.

¶6The learned Additional Standing Counsel (ASC) for the State, at the outset on instructions, submits that the Final Report is likely to be filed within a period of two – three weeks.

¶7In view of the statement given by the learned ASC for the State, the learned counsel for the petitioner seeks liberty to withdraw the present petition and file an appropriate petition at a subsequent stage if any grievance remains.

¶8The present petition is dismissed as withdrawn with the aforesaid liberty. Pending application(s) also stand disposed of. AMIT MAHAJAN, J NOVEMBER 18, 2024 'KDK' This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3586/2024 & CRL.M.A. 34350/2024, CRL.M.A. 34351/2024, CRL.M.A. 34352/2024 ATUL KHANNA .....Petitioner Through: Ms. Jyoti Mendiratta, Mr. Sandeep Das, Ms. Anandini Rathore, Mr. Tejasvi Mahajan, Advs. versus STATE GOVT. OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC for the State with Mr. Alok Sharma and Mr. Vasu Agarwal, Advs. with SI Pavan Kumar, DIU/SE. CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN