Narender Kumar Singh v. Ms Kusum Lata & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4251/2014 NARENDER KUMAR SINGH ..... Petitioner Through Mr. Vineet Kinger, Advocate.

versus MS KUSUM LATA & ORS ..... Respondents Through Mr. Rajeshwar Singh with Ms.

Aishwariya Anand, Advocates with respondent No.1 in person.

SI R.S. Pandit, PS Preet Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 04.09.2018 CRL.M.C. 4251/2014 & Crl.M.A.14710/2014 (stay) 1.

The petitioner impugns order dated 11.07.2014, passed by the Revisional Court, whereby, the Revisional Court has set aside the order of the Trial Court dated 23.05.2012 and remitted the matter to the Trial Court for reconsideration on the point of charge. 2.

By order dated 23.05.2012, the accused were discharged of the offences under Sections 498-A/406/34 IPC. The Revisional Court, by the impugned order dated 11.07.2014, had noticed that chargesheet was also filed for the offences under Section 420 IPC and Section 4, Dowry Prohibition Act and the Trial Court, while passing the order dated 23.05.2012, had not observed anything qua the said offences. In these circumstances, the Revisional Court remitted the matter to the CRL.M.C. 4251/2014

Trial Court to reconsider the matter afresh.

3.

Learned counsel for the petitioner seeks leave to withdraw the petition. He submits that he reserves his right to address arguments afresh on all the sections under which the petitioner is sought to be charged.

4.

In view of the above, the petition is dismissed as withdrawn. 5.

It is clarified that the Trial Court shall hear the parties afresh on the issue of framing of charge.

The Trial Court shall not be influenced by anything stated in order dated 23.05.12 or order of the Revisional Court dated 11.07.2014, while reconsidering the issue with regard to framing of charge. All rights and contentions of the parties are kept reserved.

6.

In view of the fact that the FIR was registered in the year 2005 and the matter is still at the stage of framing of charge, the Trial Court is directed to expedite the proceedings.

7.

List the matter before the Trial Court, for directions, on 19.09.2018.

8.

The petition is disposed of in the above terms. 9.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J SEPTEMBER 04, 2018 st CRL.M.C. 4251/2014