Ajay Arora v. State & ANR

$~3 & 4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 1347/2015 AJAY ARORA ..... Appellant Through Mr. Vikas Arora, Ms. Radhika Arora, Mr. Satya Bhushan and Mr. Abhishek Verma, Advs.

versus STATE & ANR ..... Respondent Through Mr. Varun Goswami, APP with SI Naresh Kumar, PS- Ranjeet Nagar Ms. Sunita Kapil, Adv.

+ CRL.A. 460/2016 STATE OF NCT OF DELHI ..... Appellant Through Mr. Rajesh Mahajan, ASC with SI Naresh Kumar, PS- Ranjeet Nagar versus GAURAV KUMAR @ GINNI ..... Respondent Through Mr. Vikas Arora, Adv.

Ms. Sunita Kapil, Adv.

CORAM:

HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 25.07.2016 1.

Crl.A.No.1347/2015 has been filed against the judgment of acquittal of the private respondents by the judgment dated 19th September, 2015 for commission of offence under Section 302/404/411 of IPC read with Section 25/27 of the Arms Act.

2.

We find that Crl.A.No.460/2016 has been filed by the State assailing the same judgment. In Crl.A.No.460/2016, leave to appeal was granted to the State on 9th May, 2016 and the leave petition was directed to be registered as an appeal, which has been registered as Crl.A.No.460/2016. 3.

A prayer is made before us by Mr. Vikas Arora, Advocate that for reasons of expediency, the appellant Ajay Arora may be permitted to press the grounds of challenge raised in the present appeal in Crl.A.No.460/2016. This submission appears to be fair and merited. 4.

The same records would require to be read in the appeal filed by the State as well as appeal filed by the complainant. Learned counsel for the private respondent as well as State that they have no objection to the grant of such liberty.

Therefore, instead of diverting the present matter into consideration of grant of leave to the complainant, we accept the above prayer made on his behalf for permission to address his grounds against the impugned judgment and to appear in Crl.A.No.460/2016. 5.

The record of the lower court has been received in Crl.A.No.460/2016. The paper book is yet to be prepared by the Registry. We accordingly direct as follows :

(i) Crl.A.No.1347/2015 is disposed of with the direction that the complainant shall be prepared to make submissions and address arguments in Crl.A.No.460/2016.

(ii) The registry shall prepare the paper book in Crl.A.No.460/2016. Copies thereof shall be furnished to learned counsel for the State, private respondent as well as the counsel appearing in Crl.A.No.1347/2015.

6.

The respondent in Crl.A.No.460/2016 shall furnish bail bond in the sum of Rs.20,000/- with one surety in the like amount to the satisfaction of Registrar General.

List the matter before the Registrar General for this purpose on 8th August, 2016.

7.

List Crl.A.No.460/2016 in the category of regular matters as per its seniority.

GITA MITTAL, J R.K.GAUBA, J JULY 25, 2016 VLD