Mohd Naushad Alam v. State (Govt, NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4095/2015 MOHD NAUSHAD ALAM ..... Petitioner Through:

Mr.Durgesh Pal and Ms.Archana Singh, Advs.

versus STATE (GOVT, NCT OF DELHI) ..... Respondent Through:

Ms.Manjeet Arya, APP.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 29.03.2016 Crl.M.A.No.14584/2015 This is an application seeking condonation of delay of 26 days in refiling the instant petition.

For the reasons stated in the application, the delay is condoned and the application is allowed.

Crl.M.C.No.4095/2015 & Crl.M.A.No.14582/2015 (Stay) The present petition has been filed seeking quashing of the order dated 22.12.2014 passed by the Revisionist Court whereby the court set aside the discharge order passed by the Trial Court with respect to petitioner/accused while upholding the same qua the

remaining accused.

While setting aside the order of the Trial Court dated 02.05.2013, the Revisionist Court observed that as far as the petitioner/accused Mohd.Naushad Alam is concerned, there is sufficient material to frame notice against him without getting influenced by the contents of the order.

It has been submitted by the learned counsel for the petitioner that the petitioner would be satisfied if the learned Trial Court decides the question of framing of notice after hearing the petitioner without looking into the observations made by the learned Revisionist Court. Consequently, this court is of the opinion that the learned Trial Court shall hear the petitioner uninfluenced by the order passed by the Revisionist Court on the question of framing of charge. Ordered accordingly.

The petition accordingly stands disposed of.

P.S.TEJI, J MARCH 29, 2016/dm