2022 (3) TMI 1423 - HC - Indian Laws

Applicant seeking deletion of his name from the array of parties - Seeking deletion on the ground that he is no longer in-charge of the management of petitioner No.1 company as well as on the ground that he is not an accused - Section 482 of the Code of Criminal Procedure, 1973 - HELD THAT - Issue notice. The present application is allowed. Petitioner No.3, namely, Sameer Gehlaut, is deleted from the array of parties. The amended memo of parties filed along with the present application is taken on record.

Summary

Issues:
Application under Section 482 of the Code of Criminal Procedure seeking deletion of petitioner's name from the array of parties in view of no longer being in charge of company management and not being an accused in FIR 129/2021.

Analysis:
The judgment delivered by the High Court pertains to a Criminal Miscellaneous Application filed under Section 482 of the Code of Criminal Procedure, 1973. The application sought the deletion of the name of petitioner No.3, Sameer Gehlaut, from the array of parties. This request was based on the grounds that Sameer Gehlaut is no longer in charge of the management of petitioner No.1 company and that he is not an accused in FIR 129/2021 registered at P.S.: Palghar, Maharashtra.

During the proceedings, notice of the application was issued, and Mr. Amit Mahajan, the learned Central Government Standing Counsel representing the respondents, accepted the notice. It was noted that while disputing the averments made in the application, Mr. Mahajan did not oppose the relief sought for the deletion of Sameer Gehlaut's name from the array of parties.

Considering the submissions and the acceptance of the relief prayed for by the respondents, the High Court allowed the application. The Court ordered that petitioner No.3, Sameer Gehlaut, be deleted from the array of parties. Additionally, the amended memo of parties filed along with the application was taken on record. Consequently, the application was disposed of in accordance with the decision to delete Sameer Gehlaut's name from the array of parties.

In conclusion, the judgment by the High Court granted the relief sought in the application under Section 482 of the CrPC, thereby removing Sameer Gehlaut's name from the array of parties due to his lack of involvement in the management of the company and his non-involvement as an accused in the relevant FIR.