Rajeev Rana v. State And Another

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2134/2018 RAJEEV RANA ..... Petitioner Through:

Mr. Siddharth Singh, Adv.

versus STATE AND ANOTHER ..... Respondent Through:

Mr. Ashish Dutta, APP for State.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 10.08.2018 Crl. M.A. 7624/2018 (exemption) Allowed subject to all just exceptions.

CRL.M.C. 2134/2018 & Crl. M.A. 7625/2018 (stay) The present petition invoking inherent power of this court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) has been filed to seek quashing of the proceedings in the criminal case arising out of the FIR No. 183/2012 of police station, Old Delhi Railway station in which the petitioner is described as an accused. It also seeks to question the validity of order dated 24.08.2015 whereby charge was framed against the petitioner for offences punishable under Section 368 of the Indian Penal Code and Section 14 of the Child Labour (Prohibition And Regulation) Act, 2016. It is mentioned in the petition itself that the FIR was CRL.M.C. 2134/2018

registered on 31.12.2012. The charge-sheet submitted in 2013 was followed by a supplementary charge-sheet. The charge was framed on 24.08.2015. No challenge was brought against the said order at that stage. The case is now at the stage of recording of prosecution evidence. The submissions in the petition that a false case has been set up cannot be considered midway the process, particularly in the jurisdiction under Section 482 Cr.P.C. where questions of fact cannot be properly addressed since they are subject to evidence adduced during trial. The contentions of the petitioner are reserved. There is no case made out for interference at that stage.

The petition is disposed of with these observations. R.K.GAUBA, J.

AUGUST 10, 2018/uj CRL.M.C. 2134/2018