Anil Kumar v. State Of NCT

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5108/2015 & Crl.M.A. No.18402/2015 ANIL KUMAR ..... Petitioner Through Mr.Sanjay Kumar, Adv. & Mr.Rohit Aggarwal, Adv.

versus STATE OF NCT ..... Respondent Through Ms.Meenakshi Chauhan, APP for the State with SI Sanjeev.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 22.03.2016 The present petition was filed by the petitioner against the order dated 15th September, 2015 passed by learned Additional Sessions Judge & Special Judge in Cr.No.133/2015.

The grievance of the petitioner is that the Revisional Court vide its order dated 15th September, 2015, directed the Trial Court to frame charge(s). The facts submitted by learned counsel for the petitioner, are that initially an FIR No.541/2009 was registered under Section 406 of the Indian Penal Code. Thereafter, the chargesheet was filed under Section 173 Code of Criminal Procedure. Thereafter, revision

petition was filed before the Court of Sessions wherein the Court of Sessions directed the Trial Court to frame charge(s) for the offence committed under Sections 403/385 of the Indian Penal Code. In the facts and circumstances, this Court is of the considered opinion that while considering the charge on the remand of the file from the Court of Sessions, the Magistrate shall examine the framing of the charge(s) on the basis of the material available before it. With the above observation, the present petition and application are disposed of.

P.S.TEJI, J MARCH 22, 2016 aa