Narinder v. State & Ors.

Delhi High Court · 16 May 2017 · 2017:DHC:2619
S.P. Garg
Crl.A. 457/2014
2017:DHC:2619
criminal appeal_dismissed Procedural

AI Summary

The appellant withdrew the criminal appeal against acquittal after the related victim's appeal was dismissed, leading to disposal of the appeal as withdrawn.

Full Text
Translation output
Crl.A. 457/2014 HIGH COURT OF DELHI
RESERVED ON : 21st APRIL, 2017
Date of Decision: 16th MAY, 2017
CRL.A. 457/2014
NARINDER ..... Appellant
Through : Mr.Harsh Jaidka, Advocate.
VERSUS
STATE & ORS ..... Respondents
Through : Mr.G.M.Farooqui, APP.
Mr.Aman Gaur proxy counsel for Mr.Rajesh Anand, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG S.P.GARG, J.
CRL.M.A.No.5852/2014 (Delay)
JUDGMENT

1. For the reasons mentioned in the application for condonation of delay in filing the appeal, the delay is condoned.

2. The application for condonation of delay is disposed of. CRL.A. 457/2014

1. Aggrieved by a judgment dated 19.12.2013 of learned Addl. Sessions Judge in Sessions Case No.33/12 arising out of FIR No.1031/06 PS Najafgarh whereby the respondents were acquitted under Sections 308/323/34 IPC, the appellant - Narinder has filed the instant appeal. The appeal is contested by the respondents. 2017:DHC:2619 Crl.A. 457/2014

2. I have heard the learned counsel for the parties and have examined the file. During the course of arguments, learned counsel for the appellant opted to withdraw the present appeal against acquittal. It was urged by him that if the appeal (Crl.A. 381/2014) filed by victim Bimla regarding the incident in question results in dismissal, the appellant - Narinder would not pursue the instant appeal against them.

3. Since Crl.A.381/2014 preferred by Bimla has resulted in its dismissal by a separate judgment in the said proceedings, learned counsel for the appellant does not pursue the instant appeal.

4. In view of the above, the appeal preferred by the appellant stands disposed of as not pressed / withdrawn. Pending application also stands disposed of.

5. Trial Court record be sent back forthwith with the copy of the order.

JUDGE MAY 16, 2017 / tr