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Delhi High Court - Orders

Pavan Sachdeva vs State Of Nct Of Delhi on 26 September, 2023

Author: Amit Bansal

Bench: Amit Bansal

                                    $~37
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    +           W.P.(CRL) 2610/2022

                                                PAVAN SACHDEVA                                                                   ..... Petitioner
                                                            Through:                                          Mr.Anurag Jain, Mr.Ujwal Ghai and
                                                                                                              Mr.Sanchit Sain, Advocates.

                                                                                      versus

                                                STATE OF NCT OF DELHI                                                           ..... Respondent
                                                              Through:                                        Mr.Sanjeev Bhandari, ASC (Crl.) for
                                                                                                              the State.
                                                                                                              Insp. Sandeep Maan, PS. EOW.

                                                CORAM:
                                                HON'BLE MR. JUSTICE AMIT BANSAL
                                                                   ORDER

% 26.09.2023

1. The present revision petition has been filed seeking clubbing of six FIRs.

2. Learned APP who is present in Court draws attention of the Court to Section 219 of the Code of Criminal Procedure, 1973 (CrPC) which provides as under: -

"219. Three offences of same kind within year may be charged together.--(1) When a person is accused of more offences than one of the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three.
(2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local law:
W.P.(CRL) 2610/2022 Page 1 of 2
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 28/09/2023 at 01:12:16 Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence".

3. Counsel for the petitioner seeks time to examine the position and place judgments on record.

4. Both parties are at liberty to file judgments in support of their case.

5. List on 5th December, 2023.

AMIT BANSAL, J SEPTEMBER 26, 2023 rt W.P.(CRL) 2610/2022 Page 2 of 2 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 28/09/2023 at 01:12:16