JUDGMENT

(SMT.) RANJANA PRAKASH DESAI, J.

1. Leave granted in both the petitions.

2. In both the appeals the judgments of the Delhi High Court are under challenge. Appeal arising out of SLP (Civil) No. 38886 of 2012 is against Judgment dated 09/07/2012 passed in Writ Petition (Civil) No.3918 of 2012. Appeal arising out of SLP (Civil) No.4057 of 2013 is against Judgment dated 21/05/2012 passed in Writ Petition (Civil) No.3015 of 2012. Since both these appeals raise the same question of law, they can be disposed of by a common judgment. It may be stated here that while issuing notice, this Court has stayed the orders impugned in both the appeals.

3. The facts relating to the appeal against respondent - Mehar Singh could be shortly stated.

4. FIR No.126/04 was registered against respondent - Mehar Singh and others under Sections 143, 341, 323 and 427 of the Indian Penal Code (“the IPC”) upon a complaint received from Ramji Lal s/o. Mamraj Saini r/o. Khetri - the owner of Bus No.RJ-18P 0493. The substance of the complaint was that when the bus reached the bus stand of village Raipur on 15/5/2004 at about 3.15 p.m, respondent - Mehar Singh along with others armed with iron chain, lathi, bel