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High Court of DelhiCRL.M.C./4139/2023

Arun Bhatnagar v. State Govt Of NCT Delhi

2024-01-30Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4139/2023 ARUN BHATNAGAR ..... Petitioner Through:

Mr. V.K. Srivastava, Advocate.

versus STATE GOVT OF NCT DELHI ..... Respondent Through:

Mr. Laksh Khanna, APP for State with SI Kapil Singh, P.S. Timarpur.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.01.2024 1.

By way of present petition filed under Section 482 Cr.P.C., petitioner seeks to assail the order dated 20.01.2023 passed by learned M.M., Central, Tis Hazari Court, Delhi in FIR No. 317/2020 registered under Sections 279/338/304 IPC at P.S. Timarpur whereby application filed by the petitioner under Section 311 Cr.P.C. seeking further cross-examination of PW ASI Sanjeev Kumar has been dismissed.

2.

Learned counsel for the petitioner states that further crossexamination of PW ASI Sanjeev Kumar is necessary in order to establish the innocence of the petitioner.

3.

Learned APP for the State has opposed the prayer made in the present petition stating that the said witness has already been cross-examined. 4.

Considering the aforesaid facts stated in the petition, the same is allowed subject to cost of Rs.5,000/- to be deposited with Delhi State Legal Services Authority within a period of two weeks from today and the crossThe 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 30/07/2024 at 12:44:31

examination of the said witness is permitted for one day. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

5.

Petition is disposed of in the above terms.

6.

Copy of the order be communicated to the Trial Court as well Member Secretary, DSLSA for intimation.

MANOJ KUMAR OHRI, J JANUARY 30, 2024 ga 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 30/07/2024 at 12:44:31