Anand Prakash Sharma v. State (NCT Of Delhi) & ANR

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 263/2016 ANAND PRAKASH SHARMA ..... Petitioner Through :

Mr. Thakur Sumit, Adv.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through :

Ms. Kusum Dhalla, APP with SI Rajender Singh PS Malviya Nagar.

Mr. C. S. Parasher and Mr. Mohit Kumar, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.08.2016 During the course of hearing, challenge to the acquittal of respondent no.2 has been given up. The only grievance of petitioner is that observations made in para 12 of the impugned judgment will come in the way of other civil proceedings pending between the petitioner and respondent no.2. It is noted here that respondent no.2 had taken a defence before the trial court that he was implicated in the criminal case, as a counter blast to W.P.(C) No.2359/2010 filed by the respondent no.2 against the petitioner in this court. A perusal of para 12 of the judgment makes it clear that trial court has observed that the defence taken by the respondent no.2 creates element of doubt since only eye witness had not supported the prosecution version.

Trial court has not returned any finding that FIR was lodged as a counter blast to the writ petition. Be that as it may, it is clarified that observations made in para 12 of the judgment are obviously, for the purpose of disposal of the criminal case arising out of FIR No.61/2011 and will not affect in any manner other civil proceedings between the parties. Petition is disposed of with the above observations. A.K. PATHAK, J.

AUGUST 17, 2016/dk