Chatarpal vs . Jyoti & Anr on 6 April, 2018
This court is of the
considered opinion that there is no evidence on record against the
accused persons. In the matter titled as Nabil Ahmed vs. State and Anr
being Criminal Revision Petition no. 329 of 2017 decided on 30.05.2017 it
has been held by the Hon'ble High Court of Delhi that the evidence is to be
recorded in the presence of the accused and there is no occasion for the
pre summoning evidence being allowed to be adopted in as much as that
would be a departure from the normal procedure and in the teeth of the
requirement of evidence to be gathered in the presence of the accused.
Even if for the sake of arguments, the cross examination of CW1 and CW3
is to be considered then also this court is unable to find anything
incriminating against the accused persons.