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Fabien Corbineau vs.state

Fabien Corbineau vs State

Type Court Judgment Court Delhi Decided Jan 09, 2019
~2 min read
https://sooperkanoon.com/case/1220476

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Citation
Court
Delhi High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Fabien Corbineau

Respondent

State

Excerpt

* + in the high court of delhi at new delhi date of order: january 09, 2019 crl.m.c. 52/2019 & crl.m.a. 272/2019 fabien corbineau ........ petitioner through: mr. h.s. bhullar, mr. bhawani gupta and ms. monalisha chowdhury, advocates versus state through: mr. izhar ahmad, additional ..... respondent public prosecutor for respondent- state with si rajdeep singh, p.s. igi airport coram: hon'ble mr. justice sunil gaur order (oral) quashing of fir no.696/2018 under sectionsof ipc1 registered at p.s. igi airport, delhi is sought on merits.2. learned counsel for petitioner submits that the charge-sheet in this fir case is ready, but it is not being filed because the investigating officer is on leave.3. let the concerned sho file the charge-sheet before the trial court on or before 11th january, 2019, so that petitioner can be heard on the point of charge by the trial court at the earliest, as it has been disclosed to this court by petitioner’s counsel that petitioner has to reach seoul within a week or so. crl.m.c. 52/2019 page 1 of 2 since petitioner has an opportunity to place his case before the trial 4. court at the charge stage, therefore, it is deemed appropriate to dispose of this petition with direction to respondent-state to ensure that the charge- sheet is filed on or before 11th january, 2019 and the trial court shall ensure that the hearing on the point of charge takes place within a period of ten days thereafter. it is made clear that in case hearing on the point of charge is not completed within the aforesaid stipulated time, then petitioner’s application for release of passport be considered by trial court.5. with aforesaid directions, this petition and the application are disposed of. dasti. january09 2019 s (sunil gaur) judge crl.m.c. 52/2019 page 2 of 2

Full Judgment

* + IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: January 09, 2019 CRL.M.C. 52/2019 & Crl.M.A. 272/2019 FABIEN CORBINEAU ........ Petitioner

Through: Mr. H.S. Bhullar, Mr. Bhawani Gupta and Ms. Monalisha Chowdhury, Advocates versus STATE Through: Mr. Izhar Ahmad, Additional ..... Respondent Public Prosecutor for respondent- State with SI Rajdeep Singh, P.S. IGI Airport CORAM: HON'BLE MR. JUSTICE SUNIL GAUR ORDER

(ORAL) Quashing of FIR No.696/2018 under Sections
of IPC1 registered at P.S. IGI Airport, Delhi is sought on merits.

2. Learned counsel for petitioner submits that the charge-sheet in this FIR case is ready, but it is not being filed because the Investigating Officer is on leave.

3. Let the concerned SHO file the charge-sheet before the trial court on or before 11th January, 2019, so that petitioner can be heard on the point of charge by the trial court at the earliest, as it has been disclosed to this Court by petitioner’s counsel that petitioner has to reach Seoul within a week or so. CRL.M.C. 52/2019 Page 1 of 2 Since petitioner has an opportunity to place his case before the trial 4. court at the charge stage, therefore, it is deemed appropriate to dispose of this petition with direction to respondent-State to ensure that the charge- sheet is filed on or before 11th January, 2019 and the trial court shall ensure that the hearing on the point of charge takes place within a period of ten days thereafter. It is made clear that in case hearing on the point of charge is not completed within the aforesaid stipulated time, then petitioner’s application for release of passport be considered by trial court.

5. With aforesaid directions, this petition and the application are disposed of. Dasti. JANUARY09 2019 s (SUNIL GAUR) JUDGE CRL.M.C. 52/2019 Page 2 of 2

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