Delhi High Court - Orders
Sh. Sandeep Bishnoi vs The State (Nct) Of Delhi & Anr on 24 April, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 457/2023
SH. SANDEEP BISHNOI ..... Petitioner
Through: Mr. Munesh Chauhan, Mr. S. Singh
and Mr. Subhash Chand, Advocates.
versus
THE STATE (NCT) OF DELHI & ANR. ..... Respondents
Through: Mr. Satinder Singh Bawa, APP for
the State with SI Satish Kumar, P.S.:
Kotwali, Delhi.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 24.04.2023 CRL.M.A. 10687/2023 (for condonation of delay) The petitioner seeks condonation of about 06 days delay in re-filing the criminal revision petition.
2. For the reasons stated in the application, which is duly supported by affidavit, the delay is condoned.
3. The application is allowed.
4. The criminal revision petition is taken on Board. CRL.REV.P. 457/2023 & CRL.M.(BAIL) 579/2023 By way of the present revision petition under section 379 read with sections 401 and 482 of the Code of Criminal Procedure 1973, Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.04.2023 CRL.REV.P. 457/2023 Page 1 of 3 15:53:28 the petitioner impugns judgment dated 16.09.2022 and order dated 30.01.2023 made by the learned ASJ in Criminal Appeal No.264/2019, by which the appeal had been dismissed thereby upholding the judgment of conviction dated 29.10.2018 and sentencing order dated 01.05.2019 passed by the learned Metropolitan Magistrate in case FIR No.243/2011 at P.S.: Kotwali.
2. The petitioner has been convicted for the offence under sections 354 and 506 of Indian Penal Code, 1860 and has been awarded simple imprisonment for 06 months alongwith fine of Rs.1,000/-, with default sentence of 02 days, on each count, with the sentences to run concurrently. The sentence of fine imposed has been modified by the learned ASJ to be paid as compensation to the complainant.
3. At the outset, it is noticed that the complainant/prosecutrix has been impleaded as party-respondent No.2.
4. In view of decision of this court Saleem vs. The State of NCT of Delhi & Anr.,1 this is not warranted in law. Accordingly, respondent No.2 is directed to be deleted from the array of party-respondents in the matter. Let amended memo of parties be filed within 07 days.
5. However, in compliance of the mandate of the Supreme Court in Jagjeet Singh& Ors. vs. Ashish Mishra @ Monu & Anr., 2 let intimation be sent by the Investigating Officer to the complainant, informing her that she is entitled to be heard in the present case.
6. Before proceeding further in the matter, as requested by learned 1 Neutral Citation No - 2023/DHC/2622 2 (2022) 9 SCC 321 at paras 22, 23 Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.04.2023 CRL.REV.P. 457/2023 Page 2 of 3 15:53:28 counsel for the petitioner, let an electronic copy of the Trial Court record be requisitioned, before the next date. Let copies of the same be provided to learned counsel for the petitioner as also to the learned APP.
7. Re-notify on 18th May 2023.
ANUP JAIRAM BHAMBHANI, J APRIL 24, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:27.04.2023 CRL.REV.P. 457/2023 Page 3 of 3 15:53:28