Delhi High Court - Orders
Harminder Singh Anand vs Harcharan Singh on 8 July, 2022
Author: Asha Menon
Bench: Asha Menon
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 317/2022, CRL.M.A.10212/2022 (for stay)
HARMINDER SINGH ANAND ..... Petitioners
Through: Ms. Jatinder Marwah, Advocate.
versus
HARCHARAN SINGH ..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 08.07.2022
1. This criminal revision petition has been filed challenging the order dated 11th February, 2021 passed by the learned Metropolitan Magistrate (N.I.) Act-04, Dwarka Courts, dismissing the application filed by the petitioner under Section 311 Cr.P.C.
2. Ms. Jatinder Marwah, learned counsel for the petitioners submits that the delay in filing the petition is on account of the fact that a revision petition had been filed before the learned District & Sessions Judge, Dwarka which was withdrawn on 15th December, 2020 with a liberty to approach the High Court. It is further submitted that the time was consumed in obtaining the certified copy and the petition could be filed only on 18 th May, 2022 though no application in this regard has been filed.
3. It is submitted by learned counsel, that the petitioner had sustained a jaw injury while cleaning his gun and had undergone surgery at Deen Dayal CRL.REV.P. 317/2022 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:08.07.2022 18:22:51 Upadhyay Hospital, New Delhi and had remained unable to orally communicate during the period the case was pending for cross-examination of the complainant and that despite production of the medical documents by the wife of the petitioner, the opportunity for cross-examination was closed on 28th July, 2018 and the case was proceeded with for recording of the statement of the petitioner under Section 313 Cr.P.C., whereafter alone, the application under Section 311 Cr.P.C. was filed. It is also submitted that there was a physical disability in communicating instructions to the counsel which ought to have been considered by the learned Trial Court.
4. Issue notice to the respondent by all permissible modes, returnable before the next date of hearing.
5. List on 22nd November, 2022.
6. The order be uploaded on the website forthwith.
ASHA MENON, J JULY 8, 2022 ck CRL.REV.P. 317/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:08.07.2022 18:22:51