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Showing contexts for: pndt section 25 in Sh. Sanjay Sachdeva vs The State on 16 May, 2023Matching Fragments
1. This is the criminal revision petition filed by revisionist Sh. Sanjay Sachdeva u/s 397 Cr.P.C against the impugned order dated 04.11.2022 passed by Ld. MM-03/West/Tis Hazari Courts, Delhi whereby the revisionist has been charged for commission of offence punishable u/s 3B & u/s 25 PC & PNDT Act in case FIR No. 744/15, PS Nihal Vihar titled as State Vs. Jitender Kumar & Ors.
2. I have heard arguments on the present revision petition and perused the record.
3. As per the impugned order dated 04.11.2022, the Crl. Rev. No. 13/2023 Sanjay Sachdeva Vs. State Page No. 1 of 6 revisionist Sh. Sanjay Sachdeva has been charged for offence punishable u/s 3B & u/s 25 of PC & PNDT Act.
4. Ld. Counsel for the revisionist argued that the present revision petition has been filed broadly on the following grounds:-
a. That the order dated 04.11.2022 is bad in law, arbitrary, unjustified and contrary to the law. Hence, the impugned order is liable to be quashed and set-aside. b. Because the Ld. Trial Court has failed to appreciate that no material evidence has been placed on record by the prosecution against the revisionist to prove any kind of involvement of the revisionist.
6. I have perused the impugned order dated 04.11.2022 vide which revisionist Sanjay Sachdeva has been charged for commission of offence punishable u/s 3B and u/s 25 of PC & PNDT Act.
7. Perusal of the record shows that it is not in dispute that revisionist Sanjay purchased the seized ultrasound machine in auction by the custom department.
8. Ld counsel for the revisionist argued that as per the allegations the revisionist sold the ultrasound machine to co-accused Deeapk who further sold it to co-accused Jitender Mishra, however, the revisionist purchased the ultrasound machine from Custom Department in auction as a scrap and hence, the revisionist should not have been charged for the offence u/s 3B & 25 of PC & PNDT Act.
14.In these circumstances, I am of the opinion that there is no illegality or impropriety in the order dated 04.11.2022 passed by Ld. MM whereby the revisionist has been charged for offence punishable u/s 3B and 25 of PC & PNDT Act.
15.With the aforesaid observation, the Criminal Revision Petition is dismissed and disposed of accordingly.
16.File of revision petition be consigned to Record Room after completing necessary formalities.
17.Trial Court Record be sent back to the concerned Court.