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Delhi High Court - Orders

State vs Jaiveer & Ors on 1 February, 2022

Author: Anu Malhotra

Bench: Anu Malhotra

                      $~1
                      *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +     CRL.REV.P. 445/2021 & CRL.M.A. 20906/2021
                            STATE                                               ..... Petitioner
                                               Through:     Ms.Manjeet Arya, APP for State with
                                                            SI S P Samaria, PS Sagarpur.
                                               versus

                            JAIVEER & ORS.                                      ..... Respondent
                                               Through:     None.
                            CORAM:
                            HON'BLE MS. JUSTICE ANU MALHOTRA
                                    ORDER

% 01.02.2022 (through Video Conferencing) CRL.M.A. 20906/2021 (Ex.) Exemption allowed subject to all just exceptions. The application stands disposed of.

The State, vide the present petition assails the impugned order dated 11.02.2021 of the Court of the learned ASJ-03/NDD/PHC/New Delhi in relation to FIR No.920/2015, PS Sagarpur under Sections 308/34 of the Indian Penal Code, 1860 whereby, the respondent nos. 1 to 4 have been discharged qua the alleged commission of the offences punishable under Sections 308/34 of the Indian Penal Code, 1860 and have been charged under Sections 323/34 of the Indian Penal Code, 1860 and the matter was sent back to the learned CMM, New Delhi to proceed further in accordance Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.02.2022 14:44:26 This file is digitally signed by PS to HMJ ANU MALHOTRA.

with law.

Initial submissions have been made on behalf of the State placing reliance on the verdict of the Hon‟ble Supreme Court in "P. Vijayan vs State of Kerala and Another" (2010) 2 SCC 398 with specific reliance on observations in paragraphs 25 & 26 thereof, which read to the effect:-

"25. As discussed earlier, Section 227 in the new Code confers special power on the Judge to discharge an accused at the threshold if upon consideration of the records and documents, he find that "there is not sufficient ground" for proceeding against the accused. In other words, his consideration of the record and document at that stage is for the limited purpose of ascertaining whether or not there is sufficient ground for proceeding against the accused. If the Judge comes to a conclusion that there is sufficient ground to proceed, he will frame a charge under Section 228, if not, he will discharge the accused. This provision was introduced in the Code to avoid wastage of public time when a prima facie case was not disclosed and to save the accused from avoidable harassment and expenditure.

26. In the case on hand, though, the learned Trial Judge has not assigned detailed reasons for dismissing the discharge petition filed under Section 227, it is clear from his order that after consideration of the relevant materials charge had been framed for offence under Section 302 read with Section 34 IPC and because of the same, he dismissed the discharge petition. After evaluating the materials produced by the prosecution and after considering the probability of the case, the Judge being satisfied by the existence of sufficient grounds against the appellant and another accused framed a charge. Whether the materials at the hands of the prosecution are sufficient or not are matters for trial. At this stage, it cannot be claimed that there is no sufficient ground for proceeding against the appellant and discharge is the only remedy. Further, whether the trial will end in conviction or acquittal is also Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.02.2022 14:44:26 This file is digitally signed by PS to HMJ ANU MALHOTRA.

immaterial. All these relevant aspects have been carefully considered by the High Court and it rightly affirmed the order passed by the Trial Judge dismissing the discharge petition filed by A3- appellant herein. We fully agree with the said conclusion."

Before proceeding further, it is considered essential that the copies of the MLCs in the matter are placed on record by the State, which be so placed on record by the State before the next date of hearing.

The matter is directed to be re-notified for 24.03.2022.

ANU MALHOTRA, J FEBRUARY 1, 2022 nc Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.02.2022 14:44:26 This file is digitally signed by PS to HMJ ANU MALHOTRA.