Delhi High Court - Orders
Ubabueze Chijioke Emmaunle @ Jojo vs State (Nct Of Delhi) on 18 March, 2025
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh, Anup Jairam Bhambhani
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 507/2024
UBABUEZE CHIJIOKE EMMAUNLE @ JOJO .....Appellant
Through: Mr. Rohan J. Alva, Advocate
(DHCLSC) with Mr. Anant Sanghi,
Advocate
versus
STATE (NCT OF DELHI) .....Respondent
Through: Mr. Ritesh Kumar Bahri, APP with
Ms. Divya Yadav and Mr. Lalit
Luthra, Advocates & SI Braj Lal, PS
Crime, AGS
Mr. Arnav Kumar, CGSC with Mr.
Chetanya Kapoor, Advocate
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 18.03.2025
1. The instant appeal under Section 374(2) read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter "Cr.P.C") has been preferred by the appellant seeking the following reliefs:
"a) Set-aside the impugned Judgment dated 04.04.2024 and order on Sentence dated 10.05.2024 passed by Ld. Special Judge (NDPS), South District, Saket Courts, Delhi in SC No.7587/2016 in FIR No. 113/2015, PS: Crime Branch, U/S. Sec. 14 Foreigners Act and 174A IPC; and/or
b) acquit the appellant of all the charges framed against him or;
c) release the appellant, for the offence under section 14 Foreigners Act and 174A IPC for a period already undergone;
d) pass any other order or further orders as this Hon'ble Court may deem fit and proper on the facts and circumstances of the case and in the interest of justice."
2. Vide judgment dated 26th November, 2024, the learned Single Judge 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 11/04/2025 at 21:54:36 referred the instant matter to a larger bench for adjudicating the question of law arising therein. The relevant paragraph of the said judgment is as follows:
"27. Accordingly, the Registry is directed to place this matter before the Hon'ble the Chief Justice for constitution of a Bench at the earliest to decide the issue as to whether a cognizance of offences under Section 174A IPC can be clubbed with the charges under other offences under the IPC and can the Court proceed ahead without a complaint under Section 195 Cr.P.C or not. "
3. The instant appeal is heard in part. Since the instant appeal poses a substantial question of law and has serious consequences, this Court appoints Mr. N. Hariharan, Senior Advocate (Mobile No.9891097218) as amicus curiae to assist this Court on the foregoing legal proposition on the next date of hearing.
4. Learned counsel for the petitioner is directed to supply a copy of the complete paper book and other relevant documents to Mr. N. Hariharan, Senior Advocate.
5. Learned counsel for the parties are directed to file their respective written arguments along with convenience compilation within two weeks.
6. List on 23rd April, 2025 at 02:30 PM in the category of "part heard matters".
CHANDRA DHARI SINGH, J ANUP JAIRAM BHAMBHANI, J MARCH 18, 2025 Rt/mk Click here to check corrigendum, if any 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 11/04/2025 at 21:54:36