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High Court of DelhiCRL.REV.P./868/2018

Sh. Rajbeer v. State (NCT Of Delhi) & ORS.

2024-08-29Hon'Ble Mr. Justice Manoj Kumar Ohri2 pages

$~116 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 868/2018 & CRL.M.A. 33575/2018 SH. RAJBEER .....Petitioner Through:

Mr. Davender Kumar, Mr. Mehul Gupta, Mr. Aslam Shah and Mr.

Rajesh Gupta, Advocates.

versus STATE (NCT OF DELHI) & ORS.

.....Respondents Through:

Mr. Shoaib Haider, APP for the State.

Mr. Anand Kumar Singh and Mr.

Himanshu Singh Sagar, Advocates for R-2 to 7.

SI Paramjeet, PS Ranhola

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 29.08.2024 1.

The Petitioner has approached this Court challenging the Order dated 16.07.2018 passed by the learned Additional Sessions Judge, Tis Hazari Courts whereby charges under Section 323, 452, 325 & 34 IPC has been framed against the accused.

2.

Learned Counsel for the Petitioner has drawn the attention of this Court to the MLC stating that the MLC shows that it is a case of physical assault and that the X-Ray shows that the injury on the left side of the scapula and the injury shown as grievous. He states that on this, MLC the charge should have been for Section 307 IPC and not under Section 325 IPC.

3.

When this Court suggested to the learned Counsel for the Petitioner 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 02/09/2024 at 12:18:47

that if during the course of the trial, it is made out that the injury is so serious that it can be considered as an attempt to murder, it is open for the Petitioner to move an application under Section 239 of the BNSS (Section 216 CrPC) for altering the charge, learned Counsel for the Petitioner states that he would withdraw the present petition with the aforesaid liberty. 4.

Permission and liberty, as prayed for, is granted. 5.

The petition is disposed of as withdrawn along with pending application(s), if any.

6.

It is made clear that this Court has not made any observation on the merits of the case at this juncture.

SUBRAMONIUM PRASAD, J AUGUST 29, 2024 hsk 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 02/09/2024 at 12:18:47