Manoj Arora v. Surinder Singh & ORS

$~81 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 714/2018 MANOJ ARORA .....Petitioner Through:

Mrs. Ekta Kalra Sikri, Mr.

Ajay Pal Singh and Mr.

Prakhar Khanna, Advs.

versus SURINDER SINGH & ORS .....Respondents Through:

Mr. G.B. Singh, Adv.

(through VC) Mr. Sunil Kumar Gautam, APP for the State with SI Amit Kumar, PS EOW, Delhi.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 18.08.2025 1.

The present leave to appeal is filed against the judgment dated 06.09.2018 (hereafter 'impugned judgment') passed by the learned Chief Metropolitan Magistrate, South East District, Saket Courts, New Delhi in FIR No. 286/2009, registered at Police Station H. Nizamuddin whereby Respondent Nos. 1-4 were acquitted of the offence under Section 448/34 of the Indian Penal Code, 1860.

2.

It is undisputed that the petitioner being a victim is entitled to file an appeal challenging the impugned judgment in terms of the proviso to Section 372 of the Code of Criminal Procedure, 1973 but has inadvertently filed the present petition seeking leave to challenge the order of acquittal.

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 25/08/2025 at 11:52:21

3.

In view of the above, the present matter is disposed of with direction that the present petition be treated as an appeal under the proviso to Section 372 of the CrPC and numbered accordingly.

4.

The Registry is directed to transfer entire record of the case, including the requisitioned copy of TCR, to the concerned appellate Court of Sessions.

5.

The order be communicated to the concerned Principal District & Sessions Judge for compliance and listing before the concerned Appellate Court on 19.09.2025.

6.

The parties are directed to appear before the concerned Appellate Court on 19.09.2025.

7.

Considering that the matter has been pending since the year 2018, learned Court of Sessions is requested to dispose of the matter expeditiously.

AMIT MAHAJAN, J AUGUST 18, 2025 'KDK'

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 25/08/2025 at 11:52:21