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Delhi High Court - Orders

Sh Amrish Tyagi & Anr vs The State Govt Of Nct Delhi on 13 September, 2021

Author: Anu Malhotra

Bench: Anu Malhotra

                      $~14
                      *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +      CRL.REV.P. 281/2021 & CRL.M.A. 14427/2021, CRL.M.A.
                             14485/2021
                             SH AMRISH TYAGI & ANR.                         ..... Petitioners
                                                 Through:      Mr. Puneet Sharma, Adv.

                                                 versus

                             THE STATE GOVT OF NCT DELHI             ..... Respondent
                                          Through: Ms. Asha Tiwari, APP for State

                             CORAM:
                             HON'BLE MS. JUSTICE ANU MALHOTRA
                                       ORDER

% 13.09.2021 (through video conferencing) CRL.M.A. 14427/2021(Exemption) Exemption allowed, subject to just exception. CRL.REV.P. 281/2021 & CRL.M.A. 14485/2021 The petitioners vide the present petition assail the impugned order dated 01.03.2021 of the learned ASJ-05, West, THC whereby charges have been framed against the applicants/ petitioners under Sections 307/324/506/341/34 of the Indian Penal Code, 1860 in relation to the FIR No.173/2018, PS Ranhola with it having been submitted on behalf of the petitioners that the allegations levelled against the petitioners are wholly false in as much as the notice has been issued to the CCL, the son of the petitioner inter alia under Section 308 of the Indian Penal Code, 1860 and that there is no intention that can be attributed to the petitioners qua the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.09.2021 12:16:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.

alleged commission of the offence under Section 308 of the Indian Penal Code, 1860 allegedly committed by the son of the petitioner no. 1 and the allegations levelled against the petitioner qua the commission of the offence punishable under Section 307 of the Indian Penal Code, 1860.

Furthermore, it has been submitted on behalf of the petitioners that as per the MLC of the injured, injuries sustained by the injured were allegedly caused by a blunt weapon and there is also overwriting on the MLC.

Notice of the petition and CRL.M.A. 14485/2021 is issued and accepted on behalf of the State.

The status report be also submitted by the State. The TCR in the e-form be requisitioned by the Registry before the next date of hearing.

Renotify for consideration on 12.10.2021.

ANU MALHOTRA, J SEPTEMBER 13, 2021 vm Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.09.2021 12:16:50 This file is digitally signed by PS to HMJ ANU MALHOTRA.