"I am not inclined to entertain these petitions, or to grant any relief to the petitioners in the exercise of the discretionary jurisdiction of this court under Article 226 of the Constitution of India," said Justice Vipin Sanghi, dismissing the pleas by M/s Sunair Hotels Ltd and its two directors.
The firm and its directors, Vipul Gupta and Pradeep Dhingra, had moved the high court against a letter, written by Director of Prosecution to the Principal Secretary (Home) on December 13, last year, seeking instruction as to whether the plea for withdrawal of the cases against them be pressed or not before a magisterial court.
The accused firm and its directors had also assailed the order of the Lt Governor "agreeing with the proposal not to press the applications for withdrawal of the aforesaid cases under Section 321 CrPC before the competent court, so that the trial may be allowed to proceed on merits."
They also alleged that the subsequent decision of not seeking withdrawal of the prosecution was illegal as the "sanction (for prosecution) has not been taken from all the departments."
Earlier, a huge controversy had erupted when the city government took a decision to withdraw the cases against the firm and its directors, also including S P Gupta for whom once Home Minister P Chidambaram had allegedly appeared as a lawyer.
It was alleged the direction to withdraw the cases were taken at the behest of Chidambaram. The government, however, later took a u-turn and decided not to press its earlier plea to seek withdrawal of cases against the firm and others. (More)
