Delhi District Court
Naresh Chaube vs State on 12 July, 2018
IN THE COURT OF DR. SHAHABUDDIN
ADDITIONAL SESSIONS JUDGE / SPECIAL JUDGE: (NDPS)
WEST DISTRICT : TIS HAZARI COURTS : DELHI.
IN THE MATTER OF :
CRIMINAL REVISION NO. 186/2018.
NARESH CHAUBE
S/O SH. MAHABIR KUMAR CHAUBEY
R/O H. NO. 25, 1ST FLOOR,
TAGORE MARK, KEWAL PARK,
AZAD PUR, DELHI.
.....REVISIONIST.
VERSUS
STATE
THROUGH
PUBLIC PROSECUTION BRANCH,
TIS HAZARI COURT, DELHI.
.....RESPONDENT.
DATE OF INSTITUTION OF REVISION : 04.07.2018.
DATE OF RESERVING THE ORDER : 12.07.2018.
DATE OF ANNOUNCING THE ORDER : 12.07.2018.
O R D E R
(12.07.2018)
1. By this order, I have to decide a revision petition filed by revisionist/accused Naresh Chaube (in short revisionist) impugning the order dated 31.05.2018 (in short impugned order) passed by Ms. Manu Vedwan, Ld. MM01, West District, Tis Hazari Courts, Delhi(in short Ld. Trial Court), in FIR No. 495/2017, PS Punjabi Bagh, Delhi, titled as "State Vs. Harish Tiwari & Ors.", vide which order on charge for the CR No. 186/18 Naresh Chaube Vs. State Page no. 1/3 offences punishable under sections 384/389/120B IPC has been passed against the revisionist alongwith coaccused Subhash Sharma(in short co accused) and this impugned order has been challenged only by revisionist herein.
2. The notice of this petition was accepted by learned Additional Public Prosecutor on behalf of State/respondent(in short respondent).
3. The main grounds taken in this revision petition are to the effect that the Ld. Trial Court failed to appreciate that the allegations levelled by the complainant as well as material placed with the chargesheet filed by the IO of the case, does not make prima facie case for framing of charges under sections 384/389/120B IPC against the revisionist ; that the Ld. Trial Court failed to appreciate the fact that the offence u/s 389 IPC has not been made out against the revisionist as there is no allegation made by the complainant either in his complaint or in his statement u/s 161 Cr.P.C against the revisionist.
4. This revision petition has been strongly opposed orally from Ld. Addl. PP for respondent mainly on the grounds that Ld. Trial Court, after considering the evidence available on the record, found that the revisionist alongwith coaccused hatched a criminal conspiracy of extorting the money from the complainant on the pretext of publishing obscene morphed photos/videos of complainant ; that the revisionist alongwith coaccused intentionally put the complainant in fear of injury to his reputation and defaming him publicly and that they put the complainant in fear of implicating him in false criminal cases like rape and murder and there is no infirmity in the impugned order.
CR No. 186/18 Naresh Chaube Vs. State Page no. 2/3
5. Arguments on this revision petition have been heard from both sides and judicial file perused minutely, including trial Court record(TCR), in view of rival submissions from both sides, as mentioned above.
6. On the basis of entire material on record at this stage, this Court is of the considered opinion that the Ld. Trial Court has rightly passed the impugned order at this stage after appreciating the facts and circumstances of this case for the purpose of passing impugned order. In the further considered opinion of this Court, the impugned order does not require any interference, of any sort, by this Court, at this stage and therefore, the impugned order passed by the Ld. Trial Court is upheld. The present revision petition stands dismissed being devoid of any merits.
7. TCR be sent back forthwith, along with the copy of this order, for information to the learned Trial Court and asking the learned Trial Court to proceed further in the matter as per law. The revisionist is directed to appear before Ld. Trial Court on 20.07.2018 to face further proceedings of this case as per law.
8. The revision petition file be consigned to Record Room after necessary formalities as per rules/law.
Digitally signed by DOCTORANNOUNCED IN THE OPEN COURT DOCTOR
SHAHABUDDIN
SHAHABUDDIN
ON : 12th July, 2018. Date: 2018.07.13
16:59:33 +0530
(DR. SHAHABUDDIN)
ASJ/Special Judge(NDPS)
West District/THC/DELHI.
CR No. 186/18 Naresh Chaube Vs. State Page no. 3/3