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High Court of DelhiCRL.M.C./4527/2019

Darshan Gupta & ANR v. State & ORS

2024-11-14Hon'Ble Mr. Justice Amit Mahajan2 pages

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4527/2019 DARSHAN GUPTA & ANR .....Petitioners Through:

Ms.

Sunita Arora, Advocate (DHCLSC).

versus STATE & ORS .....Respondents Through:

Mr. Naresh Kumar Chahar, APP for the State.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 14.11.2024 1.

The learned counsel for the respondent, at the outset, submits that he has no objection if the matter is remanded back to the learned Court of Sessions for being heard on merits. 2.

The revision petition filed by the petitioner challenging the order dated 02.02.2019 was dismissed on the ground of delay. The impugned order dated 02.02.2019 was challenged by filing a revision petition on 13.08.2019. Limitation prescribed for filing a revision petition is 90 days.

3.

The learned Court of Sessions disbelieved the grounds pleaded by the petitioner that he had engaged a counsel for filing a revision within the prescribed period of limitation but the petition was not filed by the said counsel. It was only in the month of July that the petitioner was informed about the same where after the petitioner engaged a fresh counsel who filed the revision petition. 4.

This Court finds no infirmity in the order passed by the learned Court of Sessions. However, considering that the 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 19/11/2024 at 13:02:12

respondent has no objection if the matter can be directed to be heard on merits by the learned Court of Sessions, this Court considers it apposite to set aside the impugned order and remand the matter to the concerned learned Court of Sessions for being heard afresh.

5.

In view of the above, the present petition is allowed and criminal appeal being CRL. A.163/2019 is restored to its original number and is directed to be listed before the concerned learned Court of Sessions on 11.12.2024.

6.

A copy of the order be sent to the Principal District & Sessions Judge, Rohini, for compliance.

7.

The present petition is disposed of in the aforesaid terms. AMIT MAHAJAN, J NOVEMBER 14, 2024 'Aman'

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 19/11/2024 at 13:02:12