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2023 Supreme(Del) 3134
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Sukumar Balakrishnan Managing Director of Innokaiz Private Limited – Appellant
Versus
State (Govt. of NCT of Delhi)& Anr. – Respondent
Cr.M.C. 3313 of 2022
Decided On : 02-08-2023
Mr. Mool Singh, Advocate, for the Petitioner.
Mr. Amit Sahni, APP for State and SI Avinash Kumar, PS Jagatpuri.
The court's discretion to quash a case FIR under Section 406/420 IPC when the petitioner is only kept as a witness and not charge-sheeted as an accused.
Headnote:
Quashing - FIR - Section 406/420 IPC
Fact of the Case:
The petitioner filed a petition seeking the quashing of a case FIR under Section 406/420 IPC, as the petitioner was only kept in the supplementary charge-sheet as a witness.
Finding of the Court:
The state submitted that the petitioner was only kept as a witness and not charge-sheeted as an accused. The court found the petition infructuous and disposed of it.
Issues: Quashing of FIR under Section 406/420 IPC
Ratio Decidendi: The court considered the status report and the submission that the petitioner was only a witness, not an accused, and therefore found the petition to be infructuous.
Final Decision: The court disposed of the petition as infructuous.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present petition hasbeen filed under section 482 Cr.P.C. seeking the quashing of case FIR No. 33/2020 under Section 406/420 IPC registered at PS Jagatpuri, Delhi.
2. The state has filed the status report, wherein in the status report, it has been submitted that the present petitioner has only been kept in the supplementary charge-sheet as a witness.
3. Learned APP submits that as per his instructions, the accused has not been charge-sheeted and is only a witness.
4. In these circumstances, the present petition becomes infructuous, hence, the present petition is disposed of.
