Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 12
Cr. Case 4883/2023
STATE Vs. SACHITA BHASKAR SHETTY
FIR No.110 /2020
16.02.2024
Present: Sh. Salil Maheshwari, Ld. APP for the State.
Sh. H.S. Sharma, Ld. Counsel for the complainant.
Sh. Nikhil Beniwal, Ld. Counsel for the accused along
with accused.
Case is at the stage of consideration of discharge
application moved on behalf of accused.
Today Ld. Counsel for the accused submits that the
application for discharge on behalf of the accused, which is on record
has been moved U/Sec.227 Cr.P.C.; and that he wishes to withdraw
that application and move a fresh discharge application today
U/Sec.239 Cr.P.C. He submits that except for the typographical error
in Section although there is no material change in the application but
the same was the first draft which was inadvertently filed.
This court has apprised the counsel that nomenclature
does not matter and the same application can be read as application for
discharge U/Sec.239 Cr.P.C. however Ld. Counsel submits that he is
under instructions to withdraw the earlier application and file a fresh
one.
Accordingly, the earlier application for discharge
U/Sec.227 Cr.P.C. is dismissed as withdrawn. The same is marked as
Contd.........
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Mark X1 for future reference and a fresh application for discharge
U/Sec.239 Cr.P.C. is taken on record. Copy supplied.
Ld. Counsel for the complainant submits that he does not
wish to file any formal reply to this application, but he reserves his
right to assist the Ld. APP in opposing this application. Allowed.
Put up for arguments on discharge application on
13.03.2024.
(Sumeet Anand)
CMM(Central)/THC/Delhi
16.02.2024
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