Delhi High Court - Orders
Eliamma Sebastian vs Shakeel Khan & Associates on 7 December, 2023
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~43
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 337/2017, CRL.M.As. 7561-62/2017, 13641/2017 &
20293/2017
ELIAMMA SEBASTIAN ..... Petitioner
Through: Petitioner in person.
versus
SHAKEEL KHAN & ASSOCIATES ..... Respondent
Through: Ms. Sonia Saini and Mr. Sushil Lohia,
Advocates.
CORAM:
HON'BLE DR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 07.12.2023
1. The present revision petition is filed under section 397 read with section 401 Cr.P.C. to impugn the order dated 26.07.2016 passed by the court of Sh. Anil Kumar, ASJ-03, Dwarka Courts, Delhi.
2. The petitioner filed a complaint under section 200 Cr.P.C. titled as Eliamma Sebastian V Shakeel Khan & Ors. bearing no. 1336/1/2007 against the respondents for the offences as complained of in the petition and the said complaint was ordered to be dismissed vide order dated 06.08.2015 passed by the court of Ms. Ruchika Singla, MM-04, Dwarka Courts, Delhi.
3. The petitioner being aggrieved, filed the criminal appeal bearing no. 173/2016 (440436/2016) tited as Eliamma Sebastian V Shakil Khan & Associates which was ordered to be dismissed by the court of Sh. Anil Kumar, ASJ-03, Dwarka Courts, Delhi vide order dated 26.07.2016 primarily on the ground that the appellant has not mentioned the specific This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2023 at 01:48:01 provision of Cr.P.C. under which the appeal was filed and it was also observed that the appeal was not maintainable.
4. On being asked, Mr. Utkarsh, Additional Public Prosecutor assisted the court and stated that against the order dated 06.08.2015, revision petition as per the mandate of section 397/401 Cr.P.C. was required to be filed and the criminal appeal bearing no. 173/2016 (440436/2016) could have been or should have been treated as revision petition under section 397 Cr.P.C..
5. Accordingly, the impugned order dated 26.07.2016 is set aside and the appellate court of ASJ-03, Dwarka Courts, Delhi/Successor Court is directed to consider the appeal bearing no. 173/2016 (440436/2016) in accordance with law after treating it as criminal revision petition to impugn the order dated 06.08.2015.
6. The petitioner and the respondents are directed to appear before the concerned Court of Sessions on 04.01.2024 at 2:30 PM for further directions.
7. The present petition along with pending applications, stands disposed of.
8. Copy of this order be given dasti to the petitioner.
9. Copy of this order be sent to the concerned Court of Sessions for information and compliance.
DR. SUDHIR KUMAR JAIN, J DECEMBER 7, 2023 N/AM This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2023 at 01:48:01