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2024 Supreme(Online)(DEL) 32068

HIGH COURT OF DELHI
DINESH KUMAR SHARMA, J
MATRIX CELLULAR INTERNATIONAL SERVICES LIMITED AND ORS. – Appellant
Versus
STATE NCT OF DELHI – Respondent


Mr. Samudra Sarangi, Ms. Abhilasha Khanna and Mr. Tanay Chaturvedi, Advocates.

J U D G M E N T

DINESH KUMAR SHARMA, J:

1. The present petition has been filed under article 226 of the Constitution of India, 1950 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter ‘ BNSS ’) seeking issuance of direction, order or appropriate writ(s) for quashing the FIR No. 116/21 dated 05.05.2021 registered at Police Station Lodhi Colony under section 420/269/188/120B/34 of the Indian Penal Code (hereinafter ‘IPC’).

2. Briefly stated the case of the prosecution as stated in the status report is that on 05.05.2021, the SHO, PS Lodhi Colony while patrolling found that a restaurant, with the name and style of Nege & Ju in Central Market, Lodhi Colony, New Delhi was operating. On search of the W.P.(CRL) 2073/2024 Page 1 of 6 Signature Not Verified aforesaid restaurant, 32 boxes containing Oxygen Concentrators having a capacity of 09 Ltr. and 5 Ltr., and thermal scanners and KN-95 Masks were recovered.

3. During the course of the investigation, at the instance of the accused persons, namely Gaurav Suri, Satish Sethi and Vikrant, 387 Oxygen Concentrators, 112 boxes containing KN-95 Masks and 95 Oximeters were recovered from Matrix Cellular International

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