Punam Chand Aggarwal v. The State (NCT Of Delhi) & ORS

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 387/2018 PUNAM CHAND AGGARWAL .....Petitioner Through:

Mr. Sameer Chandra, Mr. Shubham Parashar, Mr.

Aryan Tomar, Mr.

Himanshu Yadav, Advocates versus THE STATE (NCT OF DELHI) & ORS .....Respondents Through:

Mr. Sunil Kr. Gautam, APP SI Dhyanendra, P.S. Dabri Mr. Archit Kaushik & Mr. Bhardwaj for R-2 -7.

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

O R D E R

% 09.01.2025 CRL.M.A. 18277/2023 1.

This is an application seeking substitution of legal heir of the petitioner who has expired on 31.10.2019.

2.

Notice was issued and reply has been filed.

3.

It is stated that the legal heir has only recently come to know of the pendency of the present petition and did not have any prior knowledge of the pendency of the proceedings.

4.

For the said reasons, the delay has been explained and I am inclined to allow the application. The amended memo of parties annexed with the application is taken on record.

CRL.L.P. 387/2018 5.

This is a leave to appeal challenging the order and judgment dated 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 24/01/2025 at 14:21:45

02.04.2018 passed by learned MM-03, South West District, Dwarka Court, New Delhi in FIR No.

0528/1999 under Sections 380/448/419/420/468/471/120-B/411 of IPC wherein the respondent nos.2 to 7 have been acquitted.

6.

Learned counsel for the parties are ad idem that against an order of acquittal, rather than filing leave to appeal under Section 378(4), the complainant has a right to file an appeal under proviso of section 372 of Cr.P.C. Reliance is placed on Mallikarjun Kodagali (Dead) V The State of Karnataka, 2019 (2) SCC 752.

7.

In view of the above, the present leave to appeal is disposed of granting liberty to the petitioner to file an appeal in accordance with law challenging the order and judgment dated 02.04.2018 passed by the learned MM-03, South West District, Dwarka Court, New Delhi in FIR No. 0528/1999.

8.

The petitioner shall be entitled to the condonation of delay as the petitioner was prosecuting the present petition from 29.05.2018 before this Court bonafidely and earnestly.

9.

With these directions, the petition is disposed of accordingly. JASMEET SINGH, J JANUARY 9, 2025/j Click here to check corrigendum, if any 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 24/01/2025 at 14:21:45