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High Court of DelhiCRL.M.C./5123/2017

Sanjeev Kumar Puri v. Narender Kumar

2017-12-08Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5123/2017 SANJEEV KUMAR PURI ..... Petitioner Through:

Mr. Yakesh Anand and Mr. Prateek Kumar, Advs.

versus NARENDER KUMAR ..... Respondent Through:

None.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.12.2017 By this petition, petitioner has assailed the order dated 27th November, 2013 passed by the Additional Session Judge-1 (East), Karkardooma Courts, Delhi in Criminal Revision No. 223/2013 titled Narender Kumar Vs. Sanjeev Kumar Puri.

Present petition has been filed after about 4 years. The only plea taken by the petitioner is that the impugned order was not within the knowledge of the petitioner.

Petitioner was respondent in the impugned revision petition. perusal of impugned order shows that notice of revision was given to the respondent, inasmuch as, his counsel was also heard and only thereafter impugned order has been passed. Perusal of order dated 25th August, 2014 passed by the learned Metropolitan Magistrate also shows that this order was

received in the trial court. It has been noted in the order dated 25th August, 2014 that order of learned ASJ was received which indicated that summoning order qua the petitioner-Narender Kumar (petitioner herein) has been set aside. Mr. Narender Kumar was no more accused in the matter. This order was passed by the learned Metropolitan Magistrate in presence of the complainant. The plea taken by the petitioner's counsel is contrary to the records. Accordingly, I am not inclined to entertain present petition after about four years of delay.

Petition is dismissed. Miscellaneous applications are disposed of as withdrawn.

A.K. PATHAK, J.

DECEMBER 08, 2017 ga