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Shri Mohan Lal Meena vs Ms. Sheela Meena & Ors on 12 April, 2023

Author: Amit Sharma

Bench: Amit Sharma

                          $~46
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.REV.P. 741/2019 & CRL.M.A. 31117/2019
                                 SHRI MOHAN LAL MEENA                                  ..... Petitioner
                                                    Through:      Mr. Praveen Suri, Advocate (through
                                                                  VC).

                                                    versus

                                 MS. SHEELA MEENA & ORS.                               ..... Respondents
                                                    Through:      Mr. Navin Sharma, Advocate.

                                 CORAM:
                                 HON'BLE MR. JUSTICE AMIT SHARMA
                                               ORDER

% 12.04.2023 CRL.M.A. 26391/2022 (exemption)

1. Exemption allowed, subject to just exceptions.

2. The application is disposed of accordingly.

3. The present application under Section 482 of the Cr.P.C. read with Section 127 of the Cr.P.C. seeks the following prayers:

"a) the aforesaid subsequent fact of attaining the majority by the Respondent no. 2 during the pendency of the present criminal proceedings be taken on record and the criminal revision petition be decided, accordingly.

b) Any other order which this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner and against the respondents."

4. Issue notice.

5. Learned counsel appearing on behalf of the respondents accepts Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:17.04.2023 12:18:05 notice and fairly does not oppose the application.

6. In view of the averments made in the application and in the interest of justice, the same is allowed and disposed of accordingly.

7. The present application under Section 482 of the Cr.P.C. seeks the following prayers:

"a) As the Respondent No. 2 has attained the age of majority as such, he should be made a party in person and not through any natural guardian.

b) Any other order which this Hon‟ble Court may deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner and against the respondents."

8. Issue notice.

9. Learned counsel for the respondents accepts notice and fairly does not oppose the present application.

10. In view of the averments made in the application and in the interest of justice, the same is allowed and disposed of accordingly.

11. Let an amended memo of parties be filed before the next date of hearing.

12. The present application under Section 482 of the Cr.P.C. has been on behalf of respondent no. 1 seeks the following prayers:

"It is, therefore, most respectfully prayed that keeping in mind the hardship faced by the respondent No.1 in making livelihood of her sons, this Hon‟ble Court may kindly be pleased to recall the order dated 29.08.2019 thereby vacating the stay operated in favour of the petitioner.

Any other of further relief which this Hon‟ble Court may deems fit and proper may also be passed in favour of the respondent no. 1 in the interest of justice and equity."

13. Issue notice.

14. Learned counsel for the petitioner/non-applicant accepts notice and seeks time to file a response. Let the same be filed before the next date of hearing, with an advance copy to the learned counsel appearing on behalf of the respondents.

15. The present application under Section 482 of the Cr.P.C. has been filed on behalf of respondent no. 1, seeks the following prayers:

"It is, therefore, most respectfully prayed that keeping in mind the hardship faced by the respondent no. 1 in making livelihood of her sons, this Hon‟ble Court may kindly be pleased to take appropriate action against the petitioner for defying/violating the undertaking given by him before this Hon‟ble Court on 29.08.2019."

16. Issue notice.

17. Learned counsel for the petitioner/non-applicant accepts notice and seeks time to file a response. Let the same be filed before the next date of hearing, with an advance copy to the learned counsel appearing on behalf of the respondents.

18. Re-notify on 25.08.2023.

AMIT SHARMA, J APRIL 12, 2023/bsr Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:17.04.2023 12:18:05