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Crl.M.C.793/2017 HIGH COURT OF DELHI
Date of Order: February 13, 2019
Date of Order: February 13, 2019
CRL.M.C. 793/2019 & Crl.M.As. 3221-22/2019
VISHAL VASHISHT & OTHERS .....Petitioners
Through: Mr. D.Hasija, Advocate
VISHAL VASHISHT & OTHERS .....Petitioners
Through: Mr. D.Hasija, Advocate
VERSUS
STATE OF DELHI & ANR. .....Respondents
Through: Dr. M.P.Singh, Additional Public Prosecutor for respondent-State
Through: Dr. M.P.Singh, Additional Public Prosecutor for respondent-State
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Petitioner has been charge-sheeted under Section 394/34 IPC in
FIR No. 32/2011, registered at police station Rajinder Nagar, Central
District, Delhi. Against the order on Charge, petitioner had preferred a
Revision Petition, which was dismissed by the Revisional Court vide order of 20th December, 2018 as time-barred.
Petitioner’s counsel assails the impugned order of 9th December, 2014 on the ground that it discloses utter non-application of mind and the stand of petitioners has not been considered. It is submitted that no case under Section 394/34 IPC is made out and at best, the case made out against petitioner will come within the ambit of Section 323/34 IPC.
Learned Additional Public Prosecutor for respondent-State supports the impugned order and submits that there is no infirmity in it.
2019:DHC:970 Crl.M.C.793/2017 Upon hearing and on perusal of impugned order, I do find that it is a cryptic order but after hearing petitioner’s counsel and going through the FIR of this case, this Court finds that prima facie case under Section
394/34 IPC is made out against petitioner. Accordingly, this petition is dismissed while not commenting upon the merits of the case, lest it may prejudice petitioner at trial.
This petition and the applications are accordingly disposed of.
(SUNIL GAUR)
JUDGE
FEBRUARY 13, 2019 r 2019:DHC:970
Petitioner has been charge-sheeted under Section 394/34 IPC in
FIR No. 32/2011, registered at police station Rajinder Nagar, Central
District, Delhi. Against the order on Charge, petitioner had preferred a
Revision Petition, which was dismissed by the Revisional Court vide order of 20th December, 2018 as time-barred.
Petitioner’s counsel assails the impugned order of 9th December, 2014 on the ground that it discloses utter non-application of mind and the stand of petitioners has not been considered. It is submitted that no case under Section 394/34 IPC is made out and at best, the case made out against petitioner will come within the ambit of Section 323/34 IPC.
Learned Additional Public Prosecutor for respondent-State supports the impugned order and submits that there is no infirmity in it.
2019:DHC:970 Crl.M.C.793/2017 Upon hearing and on perusal of impugned order, I do find that it is a cryptic order but after hearing petitioner’s counsel and going through the FIR of this case, this Court finds that prima facie case under Section
394/34 IPC is made out against petitioner. Accordingly, this petition is dismissed while not commenting upon the merits of the case, lest it may prejudice petitioner at trial.
This petition and the applications are accordingly disposed of.
(SUNIL GAUR)
JUDGE
FEBRUARY 13, 2019 r 2019:DHC:970
JUDGMENT