Facts of the Case

The petitioner had filed Criminal Miscellaneous Case No. 311/2010 before the Delhi High Court. During the hearing, learned counsel for the petitioner sought permission to withdraw the petition and requested that the Trial Court be directed to dispose of the petitioner’s pending application under Section 245(2) of the Code of Criminal Procedure, 1973, which had remained pending for approximately five years.

The petitioner further prayed for exemption from personal appearance through counsel till the disposal of the said application.

Issues Involved

  1. Whether the petition should be permitted to be withdrawn.
  2. Whether directions should be issued for expeditious disposal of the application filed under Section 245(2) Cr.P.C.
  3. Whether exemption from personal appearance should be granted to the petitioner pending disposal of the application.

Petitioner’s Arguments

• The petitioner sought withdrawal of the criminal miscellaneous petition.
• The petitioner requested the High Court to direct the Trial Court to decide the application filed under Section 245(2) Cr.P.C., which had remained pending for nearly five years.
• The petitioner further sought exemption from personal appearance and requested permission to be represented through counsel until disposal of the application.

Respondent’s Arguments

• The order does not record any specific submissions advanced on behalf of the respondent.

Court Findings / Order

• The High Court permitted withdrawal of the petition and dismissed the same as withdrawn.
• The Trial Court was directed to dispose of the application filed under Section 245(2) Cr.P.C. on behalf of the petitioner, preferably within six months.
• The petitioner was granted exemption from personal appearance through counsel till disposal of the application under Section 245(2) Cr.P.C.
• Counsel for the petitioner was directed to remain present before the Trial Court on the dates fixed.
• A copy of the order was directed to be sent to the Trial Court.

Important Clarification

The High Court did not adjudicate the merits of the petitioner’s application under Section 245(2) Cr.P.C. The Court merely facilitated withdrawal of the petition and ensured expeditious disposal of the pending discharge application by the Trial Court within a specified timeframe.

Sections Involved

• Section 245(2), Code of Criminal Procedure, 1973 – Discharge in warrant cases instituted otherwise than on a police report.
• Related procedural provisions under the Code of Criminal Procedure, 1973.

Link to download the order - https://delhihighcourt.nic.in/app/case_number_pdf/2010:DHC:8032/VBG02022010CRLMM3112010_143854.pdf  

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