60# $- * IN THE HIGH COURT OF DELI{I AT NEW DELHI + W.P.(CRL) 1497l20II &, Crl. M.A. No. 1287512011 (Stay) RAGHUBIIT SINGH Through: Mr. U.K. Shandilya, Advocate. VETSUS STATE ..... Respondent 'I'hrough: Mr. Nikhil A. Menon, Advocate for Mr. Dayan Krishnan, Additional Standing Counsel with Inspector Mukhtiar Singh, PS DBG Road. COITAM: HON'I}LE MS. JUSTICE MUKTA GUPTA ORDER 03.11.2011 By this petition the Petitioner seeks quashing of the order dated 6th Muy, 3022 whereby the cancellation repoft was accepted by the learned CMM without even issuing notice to the Complainant. The other grievance of the Petitioner is that though the order under Section 156 (3) Cr.P.C for registration of the FIR was passed by the learned Metropolitan Magistrate and the matter was pending awaiting the report of the investigation before thc lcarncd Metropolitan Magistrate for 29tl' April, 2011, thc cancellation report was filed before the leamed CMM who accepted the sarne on 27'h April, 20II without issuance of notice to the Cornplainant/ Petitioner. The w.P.(cRL) 14e7/201r Page I of 2 Signing Date:05.09.2024 17:03:50 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified grievance of the Petitioner is wholly justified in case no notice has been issued to him before accepting the cancellation reporl. I-Iowever, since a revision lies against the impugned order before the learned Additional Sessions Judge it would be appropriate to file a petition before the Court of first instance. In view of the fact that a revision petition is maintainable before the learned Additional Sessions Judge, learned counsel for the Petitioner seeks leave to withdraw the present petition with liberty to file the petition before the learncd Additional Sessions Judge. Leave and liberty granted. Petition and application are dismissed as withdrawn' Order dasti. MUKTA GUPTA, J. NOVtrMBER 03,201.1 tvnt w.P.(cRL) 1497/2011 Page 2 of 2