Court No. - 47
Case :- CRIMINAL MISC. WRIT PETITION No. - 7650 of 2021 Petitioner :- Dharm Pal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- G.A.
Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the petitioner, Shri Arunendra Kumar Singh, learned A.G.A. for the State.
The present writ petition has been filed with the prayer to quash the impugned notice dated 21.06.2021 issued by respondent no.3-Assistant Commissioner of Police, District Investigation Unit, East District I.P. Extension, Delhi, asking the petitioner to appear in respect of First Information Report No.129/2018 dated 24.03.2018 under Section 365 IPC, P.S. Kalyanpuri, District East Delhi. Further prayer has been made not to arrest the petitioner in the aforesaid case.
Learned A.G.A. submits that in response to the First Information Report no.129/2018 notice has been issued by the Investigating Officer but instead of responding said notice, the petitioner has preferred the present writ petition under Article 226 of Constitution of India and at this stage, the writ petition is liable to be quashed with cost.
Once the Court has declined to interfere in the on-going proceeding, learned counsel for the petitioner states that he does not want to press the present writ petition, however, leave may be accorded to file objection/response to the aforesaid notice.
In view of the above, the writ petition is dismissed as not pressed. Suffice to indicate that in case proceedings are yet to be finalised, it is always open to the petitioner to file objection/response to the aforesaid notice.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 17.9.2021 A. Pandey