State v. Anil Dahiya

$~10 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.L.P. 804/2018 STATE .....Petitioner Through:

Mr. Sunil Kumar Gautam, APP for the State SI Mahendra Patel, PSNarela versus ANIL DAHIYA .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 16.09.2025 CRL.M.A. 48827/2018 (for condonation of delay) 1.

For the reasons mentioned in the application, the same is allowed.

2.

The delay of 39 days in filing the appeal is condoned. 3.

The application stands disposed of.

CRL.L.P. 804/2018 4.

The present petition is filed seeking leave to appeal against the judgment dated 23.07.2018, passed by the learned Metropolitan Magistrate, North District, District Courts Rohini, Delhi, pursuant to which the Respondent was acquitted for offences under Sections 279/337/338/304A of the Indian Penal Code, 1860.

5.

The learned Trial Court acquitted the respondent holding that PW-6 and PW-7 who were also passengers in the offending vehicle, were sitting in the rear seat and, therefore, their capacity to see precisely the incident, is doubtful. It is undisputed that PW-6 and PW-7 were known to the accused and were travelling 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 19/09/2025 at 12:09:25

with him in the offending vehicle which hit the two-wheeler on which the victim was riding.

6.

No defence seems to have been taken with regard to the false implication of the accused by PW-6 and PW-7. 7.

The matter requires consideration.

8.

In view of the above, the leave to appeal is granted and the appeal be numbered as Criminal Appeal ............/2025 (to be numbered).

9.

The present petition is disposed of in the aforesaid terms. Criminal Appeal ............/2025 (to be numbered) 10.

The appeal is Admitted.

11.

List in due course.

12.

Respondent shall furnish a personal bond in the sum of ₹10,000/- with one surety of the like amount, to the satisfaction of the Joint Registrar (Judicial) on 22.09.2025. AMIT MAHAJAN, J SEPTEMBER 16, 2025 "SS"

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 19/09/2025 at 12:09:25