State v. Subhash Rastogi & ANR.

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 489/2019 STATE .....Petitioner Through:

Mr.

Naresh Kumar Chahar, APP for the State.

Insp Pradeep Rai, Sector3, EOW.

versus SUBHASH RASTOGI & ANR.

.....Respondents Through:

Mr. Ajay Kr. Yadav, Adv.

through V.C.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 05.12.2024 CRL.M.A. 34650/2019 (for condonation of 57 days delay in filing the appeal).

1.

For the reasons stated in the application, the same is allowed and the delay of 57 days in filing the present appeal is condoned.

2.

The application stands disposed of.

CRL.L.P. 489/2019 3.

The learned proxy counsel for the respondent requests for an adjournment on the ground that main counsel is not available. 4.

The learned Additional Public Prosecutor for the State submits that the accused persons have been acquitted on erroneous consideration of the evidence. He submits that the learned Trial Court held that the prosecution has not been able to prove beyond reasonable doubt that the premises, where the fire broke, was in possession of the respondents.

5.

He submits that the injured persons had specifically deposed that the property was occupied by the respondents and, 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 07/12/2024 at 11:38:49

even if, they did not own the said premises, the liability would still be fastened on them. He submits that the telephone installed in the premises was also in the name of the Respondent No.2. 6.

The matter requires consideration.

7.

Leave is granted.

Criminal Appeal /2024 (to be numbered) 8.

The incident in the present case relates to the year 1999. 9.

Let the appeal be taken up for final arguments on 25.04.2025.

AMIT MAHAJAN, J DECEMBER 5, 2024 "SK"

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 07/12/2024 at 11:38:49