SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2012 Supreme(Del) 22

SURESH KAIT
Mukesh Kumar – Appellant
Versus
State – Respondent


Advocates appeared:
For the Petitioner:J.P. Sengh, Senior Advocate with Sumit Batra, Amit Bhardwaj, Advocates.
For the Respondent: Ms. Ritu Gauba, APP with SI. Rajeshwar, in person.

Judgment :

SURESH KAIT, J.

1. The instant petition is being filed to assail the impugned order dated 26.06.2007 whereby ld. MM has summoned the petitioner for the offences under Section 167/201/218/420 read with Section 511/120B Indian Penal Code, 1860.

2. I note, vide order dated 02.05.2008 the proceedings before the Trial Court were stayed.

3. The petitioner in the instant petition has raised legal issues amongst other that prosecution has failed to obtain sanction as required under Section 197 Cr. P.C. and under Section 140 of the Delhi Police Act, 1978, therefore, the court has no power or jurisdiction to proceed with the trial of the case.

4. Facts in brief giving rise to registration of the present FIR are that on 05.03.2001 at 1.55 PM on the Outer Circle, Opposite Statesman Building, Connaught Place, New Delhi, a car bearing no. DL4C-G-9122 met with an accident. Pursuant to that FIR No.99/2001 was registered at Police Station – Connaught Place, New Delhi. During the course of investigation injured Ravinder Gupta and Lalit Roy were examined. Injured Ravinder Gupta submitted that car was being driven by Rajesh Gupta whereas injured Lalit Roy had stated that car was being driven




























































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top