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2015 Supreme(Del) 2306

SURESH KAIT
RAVI PRAKASH – Appellant
Versus
STATE GOVT OF NCT OF DELHI – Respondent


Advocates Appeared:
Mr. M. Hasibuddin, Advocate.
Mr. Ravi Nayak, Additional Public Prosecutor for the State with SI Dinesh Kumar, PS Jaitpur. Mr. Yogesh Kumar, Advocate for the Respondent No.2.

JUDGMENT :

SURESH KAIT, J.

CRL.M.C. No.5766/2014 1. By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, (Cr.P.C.) petitioner seeks setting aside of the impugned order dated 15.09.2014 passed by the learned District & Sessions Judge, South-East, Saket Court Complex, New Delhi, in Criminal Revision No.92/2014 filed by the respondent No.2.

2. After completion of investigation, though police filed the chargesheet under Sections 323/341 IPC against the petitioner, however, vide order dated 17.07.2012, charges under Sections 325/341 were framed against the petitioner.

3. On 12.12.2012, statements of PW1 to PW 3 were recorded. Thereafter, the complainant moved an application under Section 323 Cr.P.C. for committal of the case to the Sessions Court. In the said application, it was stated that respondent No.2 has received serious injuries upon her head and nature of the same was opined by the doctor as ‘grievous’, hence, an offence punishable under Section 308 IPC was made out against the petitioner, which is triable by the Sessions Court.

4. It was further stated in the said application that the applicant/respondent No.2 had earlier moved an application

























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