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High Court of DelhiCRL.M.C./3539/2012

Prabhjeet Singh v. State & ANR

2016-02-12Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3539/2012 PRABHJEET SINGH ..... Petitioner Represented by:

Mr.L.M.Grover and Mr. Rahul Sood, Advocates with Petitioner in Person.

Versus

STATE & ANR.

..... Respondents Represented by:

Mr.Arun Kumar Sharma, Additional Public Prosecutor for the State with SI Veer Singh, P.S. Sagarpur.

Mr.Vijya Singla, Advocate for Respondent No.2.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

O R D E R

% 12.02.2016 CRL.M.C. 3539/2012 & Crl. M.A. No.17501/2012 (for stay) 1.

Vide the present petition, the petitioner has assailed the order dated 14.09.2012 passed in Criminal Revision No.101/2012, whereby the learned Additional Sessions Judge, Dwarka Courts, while allowing the revision filed by respondent No.2, Sher Singh Sharma, set aside the order dated 06.08.2012 passed by the learned Metropolitan Magistrate. 2.

On perusal of the complaint, it is clear that the same was filed against three respondents, namely,:- 1.

Sardar Parvindeer Singh 2.

Prince S/o Sardar Parvinder Singh

Both at:- Khasra No.384, Vill. Narir Pur, Delhi. 3.

Unknown Persons.

3.

Admittedly, name of the petitioner herein does not find mention in the aforesaid respondents. Moreover, the petitioner is not made party in the aforenoted criminal revision filed by the respondent No.2. Therefore, the impugned order dated 15.09.2012 does not affect the petitioner. 4.

Learned counsel appearing on behalf of the respondent No.2 does not dispute this fact and submits that since the petitioner was not made party in the complaint, therefore, he has no locus to file the present petition. 5.

Keeping in view the facts recorded above and the statement made by learned counsel for the respondent No.2, the present petition is not maintainable.

6.

I hereby make it clear that no action will be taken against the petitioner qua the complaint in question if he is not 'Sardar Parvinder Singh'.

7.

In view of the above, the present petition alongwith pending application stands disposed of.

SURESH KAIT, J.

FEBRUARY 12, 2016 sb