Delhi High Court - Orders
Shahzad vs State Nct Of Delhi on 27 April, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 932/2022
SHAHZAD ..... Petitioner
Through: Mr. Joginder Tuli, Adv.
versus
STATE NCT OF DELHI ..... Respondent
Through: Dr. M.P. Singh, APP for the State.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 27.04.2022 CRL. M.A. 7844/2022 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(CRL) 932/2022
1. The present criminal writ petition under Article 226 of The Constitution Of India read with Section 482 Of Cr.P.C., 1973 has been filed on behalf of petitioner for issuing writ of Mandamus or any other writ, orders or directions to the learned trial court with regard to the right available to an accused person during trial for pleading guilty under Section 229 Cr.P.C. at any stage of trial and that there is no bar to the same as per any provision of law and also as per the directions issued by the Hon'ble Supreme Court of India in State of Maharashtra and Ors. Vs Sukhdeo Singh And Ors.: (1992)3 SCC 700 and in Mohammed Ajmal Mohammad Signature Not Verified Digitally Signed W.P.(CRL) 932/2022 Page 1 of 3 By:DINESH CHANDRA Signing Date:05.05.2022 17:24:45 Amir Kasab and Ors. Vs. State of Maharashtra and Ors.: (2012)9 SCC 234 in SC Case No.138/2019 in FIR No.430/2018 P.S. Bawana.
2. In brief as per the case of the petitioner, FIR No. 430/2018 was registered under Section 302 IPC and Sections 25/27 of the Arms Act at P.S.: Bawana, Delhi on 20.10.2018. Petitioner was arrested on 07.11.2018 and has been in custody since then. The charge-sheet was filed under Sections 302/120B/34 of the Indian Penal Code and Sections 25/27 of the Arms Act. It is further the case of the petitioner that co-accused Vishal @ Johny filed an application under Section 229 of the Code of Criminal Procedure before the learned Additional Sessions Judge, for pleading guilty, which was dismissed by learned trial court on 10.03.2022.
It is further submitted that an application under Section 229 of the Code of Criminal Procedure has also been filed by the petitioner before the learned Additional Sessions Judge for pleading guilty, which is fixed for consideration on 07.05.2022.
3. Learned APP for the State appears on advance notice and vehemently opposes the writ petition and submits that petition is premature at this stage without the matter being considered by the learned trial court. It is also submitted that it needs to be considered that the application for pleading guilty under Section 229 of the Code of Criminal Procedure is a ploy adopted on behalf of petitioner/accused to ensure that benefit is extended to other co-accused in the proceedings before the learned trial court.
4. Admittedly, the present petition has been preferred on behalf of the petitioner during the pendency of the application under Section 229 of the Code of Criminal Procedure, before the learned Additional Sessions Judge which is fixed for 07.05.2022. Learned trial court is yet to express any Signature Not Verified Digitally Signed W.P.(CRL) 932/2022 Page 2 of 3 By:DINESH CHANDRA Signing Date:05.05.2022 17:24:45 opinion on the some. Accordingly, writ petition is premature at this stage. In the facts and circumstances, writ petition is disposed of granting liberty to the petitioner, to file appropriate proceedings after the application under Section 229 of Cr.PC is decided by learned Trial Court in accordance with law.
5. The petition is accordingly disposed of.
ANOOP KUMAR MENDIRATTA, J APRIL 27, 2022 j Signature Not Verified Digitally Signed W.P.(CRL) 932/2022 Page 3 of 3 By:DINESH CHANDRA Signing Date:05.05.2022 17:24:45