Gaurendra Gupta v. State & ORS

$~64 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 513/2016 & Crl.M.A. No.12095-12096/2016 GAURENDRA GUPTA ..... Petitioner Through Mr.Vijay Shankar, Adv. with Mr.Kapil Kumar, Adv.

versus STATE & ORS ..... Respondents Through Ms.Manjeet Arya, APP for the State.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 08.08.2016 Crl.M.A. No.12096/2016 1.

Exemption allowed, subject to just exceptions. CRL.REV.P. 513/2016 2.

The present petition has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure for setting aside the order dated 9th June, 2016 and the order dated 4th April, 2016 passed by the learned Additional Sessions Judge on the applications filed under Sections 154/155 of the Indian Evidence Act and application filed under Section 311 of Cr.P.C. respectively in a case arising out of FIR No.135/2011 registered under Sections 304-B/498-A/302/34 of the Indian Penal Code at Police Station South Rohini. The grouse of the petitioner is that the application for recalling the witness under Section 311 of Cr.P.C. has been decided against

him.

The case of the petitioner is that the FIR was lodged by the complainant.

Thereafter, challan was filed after the investigation. The petitioner was examined and subsequently he moved the application for re-examination.

The arguments advanced by counsel for the petitioner is that he wished to file certain fresh documents i.e. RTI reports which request was not accepted.

The petition is opposed by the State on the ground that he is informant of the FIR and that no other documents can be taken on record by the Court except the document filed along with the challan. In the facts and circumstances, I do not find any merit in this petition and the petition and applications are dismissed. P.S.TEJI, J AUGUST 08, 2016/aa