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·-~ HIGH COURT OF DELHI
W.P.(CRL) 1192/2011
JASPAL KAUR ..... Petitioner
Through Mr. S.R.Mehta, Adv.
W.P.(CRL) 1192/2011
JASPAL KAUR ..... Petitioner
Through Mr. S.R.Mehta, Adv.
VERSUS
JOGINDER SINGH & ORS
Through None
Through None
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
29.08.2011 ..... Respondent By this petition under Section 482 Cr.P.C. the Petitioner seeks setting aside of the order dated 11th January, 2011 passed by Single Bench of this
Court in Crl.M.A. 14257 in Crl.A.979/2009 and further prays to send the forged documents by which purgery has been committed for CFSL examination. This very prayer was declined by this Court on 11th January, 2011 by the impugned order. Against the order of dismissal of a Criminal
Miscellaneous Application in a Criminal Appeal, a writ petition would not lie.
Learned counsel for the Petitioner relies upon Lalit Mohan Monda! and Ors. Vs. Benoyendra Nath Chatterjee AIR 1982 SC 785 wherein it was
29.08.2011 ..... Respondent By this petition under Section 482 Cr.P.C. the Petitioner seeks setting aside of the order dated 11th January, 2011 passed by Single Bench of this
Court in Crl.M.A. 14257 in Crl.A.979/2009 and further prays to send the forged documents by which purgery has been committed for CFSL examination. This very prayer was declined by this Court on 11th January, 2011 by the impugned order. Against the order of dismissal of a Criminal
Miscellaneous Application in a Criminal Appeal, a writ petition would not lie.
Learned counsel for the Petitioner relies upon Lalit Mohan Monda! and Ors. Vs. Benoyendra Nath Chatterjee AIR 1982 SC 785 wherein it was
W.P.(CRL) 1192/2011
(r)
2011:DHC:16935 held that although from an order passed in an appeal under Section 341 of the Cr.P.C. no revision would lie under Section 397(2), however the High
Court was entitled to examine the matter under Section 482 Cr.P.C. The
(r)
2011:DHC:16935 held that although from an order passed in an appeal under Section 341 of the Cr.P.C. no revision would lie under Section 397(2), however the High
Court was entitled to examine the matter under Section 482 Cr.P.C. The
ORDER
relied upon is not applicable to the facts ofthe case. In the present case the appeal is pending before this Court and in the appeal under Section
341 an application was filed which was dismissed by a Learned Single Judge of this Court. Against the order of the Learned Single Judge dismissing an application filed in an appeal under Section 341 Cr.P.C, a writ petition would not lie to another Single Bench.
Petition is dismissed.
~~ MUKTA GUPTA,J AUGUST 29,2011 'ga'
341 an application was filed which was dismissed by a Learned Single Judge of this Court. Against the order of the Learned Single Judge dismissing an application filed in an appeal under Section 341 Cr.P.C, a writ petition would not lie to another Single Bench.
Petition is dismissed.
~~ MUKTA GUPTA,J AUGUST 29,2011 'ga'
W.P.(CRL) 1192/2011 page 2 of2
2011:DHC:16935
2011:DHC:16935