MANGESH TYAGI Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) NOTICE issued.

(2.) LD. APP accepts notice on behalf of respondent no.1.

(3.) LD. APP on the other hand submits that during investigation Section 471 has been added and therefore Section 471 and 468 are not He has referred the decision of Hon'ble Supreme compoundable. Court in Gian Singh v. State of Punjab & Anr. in SLP (Crl.) No.8989/2010 wherein the Division Bench of the Supreme Court has referred three earlier decisions viz, B.S. Joshi v. State of Haryana (2003) 4 SCC 675, Nikhil Merchant v. Central Bureau of Investigation & Anr. (2008) 9 SCC 677 & Manoj Sharma v. State & Ors. (2008) 16 SCC 1 to the larger Bench for re-consideration whether the abovesaid three decisions were decided correctly or not. Therefore, he has prayed that till the matter is decided by the larger Bench of the Apex Court, instant petition may be adjourned sine-die. Alternatively, he prayed that in the event, the FIR is quashed, heavy costs should be imposed upon the petitioners, as the government machinery has been used and precious time of the Court has been consumed.