Shikha Aggarwal v. State Of NCT Of Delhi & ANR.

$~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 356/2017 SHIKHA AGGARWAL ..... Petitioner Through:

Mr. Sudarshan Ranjan, Advocate with Mr. Qaman Ali, Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Amit Chadha, APP for the State with SI Ram Kishan, PS Crime Branch.

Mr. Puneet Mittal, Sr. Adv. with Ms. Vasudha Bajaj, Mr. Amitey Nagar, Adv. & Mr. Sagar Mittal, Adv.

for R-2.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 01.05.2017 By this petition moved under Section 439 (2) of the Code of Criminal Procedure, 1973 (Cr.P.C.) read with Section 482 Cr.P.C. and Article 227 of the Constitution of India, the order dated 13.01.2017 passed by the court of Additional Sessions Judge-01, Shahdara, Delhi on the bail application of the second respondent, in the context of First Information Report (FIR) No.549/2016 involving offence under Section 302 of the Indian Penal Code, 1860 (IPC) of Police Station Madhu Vihar, is brought under challenge mainly on the propriety of the procedure adopted and the material entertained in reaching certain conclusions which, the petitioner submits, were definitive in nature and, therefore, uncalled for at the stage of the proceedings wherein they were recorded.

CRL.M.C. 356/2017

Though the substance and merit of the above contentions are refuted by the learned senior counsel for second respondent, he and the learned Additional Standing Counsel for the State fairly agree that the matter may be remitted to the court of Sessions Judge, rather than the court of Additional Sessions Judge which passed the order, for consideration of the prayer for cancellation of the bail order in exercise of the jurisdiction vested in such court under Section 439 (2) Cr.P.C.

Ordered accordingly.

The contentions on all sides are reserved to be adjudicated in such proceedings.

It is made clear that the petitioner will have to move a fresh application urging all the grounds under Section 439 (2) Cr.P.C. before the court of concerned Sessions Judge who himself shall consider the prayer rather than making it over to any court of Additional Sessions Judge and before doing so shall not only call for the up-dated investigation report but also hear all sides.

Given the nature of the case, it is expected that the Sessions Judge shall take a decision on such application as is proposed to be moved by the petitioner within one month of it being presented. The petition is disposed of with these directions. Copy of the order be given Dasti.

R.K.GAUBA, J.

MAY 01, 2017 vk CRL.M.C. 356/2017