High Court of DelhiCRL.REV.P./348/2016

State v. Satish Kumar & ORS.

2016-05-11Hon'Ble Mr. Justice P.S.Teji2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 348/2016 STATE ..... Petitioner Through Mr.Rajat Katyal, APP for the State.

versus SATISH KUMAR & ORS.

..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 11.05.2016 Crl.M.A. 7729/2016 (Exemption) Application is allowed subject to just exceptions. Crl.Rev.P. 348/2016 & Crl.M.A. 7768/2016 (Delay) Learned APP for the State by way of the present petition is aggrieved by the framing of charge against the respondents under Section 304 Part I/II/34 IPC, whereas charge under Section 302 IPC is framed against co-accused Sunny @ Babe despite having material to frame charge under Section 302 IPC against all the respondents. During the course of arguments, it has been observed that the remedy under Section 216 Cr.P.C. is available with the State. Learned APP for the State submits that he may be given a liberty to

approach the Trial Court.

The present petition is disposed of accordingly with the liberty as prayed for.

P.S.TEJI, J MAY 11, 2016 dd