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2017 Supreme(Del) 2390

PRATIBHA RANI
Shahjahan @ Shahjan Sheikh @ Tunu – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates Appeared:
For the Petitioner:Mr. Aditya Deshwal, Advocate
For the Respondent: Mr. Kewal Singh Ahuja, APP with SI Anand Singh, Spl. Cell, NDR, Lodhi Colony

ORDER :

PRATIBHA RANI, J.

Crl.M.A.9708/2017

1. For the reasons stated in the application, delay of 42 days in filing the petition is condoned.

2. The application is disposed of.

CRL.REV.P. 427/2017

1. This revision petition has been filed under Section 397/401 Cr.P.C. assailing the order dated 16th January, 2017 whereby the petitioner/accused has been ordered to be charged for committing offence punishable under Section 120-B IPC read with Section 489B/489C IPC.

2. Learned counsel for the petitioner submitted that the charge framed against the present petitioner is groundless. The calls could not have been intercepted without permission which in itself is an offence under the Indian Telegraph Act, 1885.

3. Learned counsel for the petitioner is also seeking discharge on the ground that the case against the present petitioner is based on the disclosure statement made by the co-accused which in itself is not admissible in evidence. It has also been contended that the FIR in this case has been registered on 20th June, 2013 whereas the petitioner/accused Shahjahan @ Shahjan Sheikh @ Tunu was arrested on 25th March, 2013 after investigation in this case has already been completed. Supplementary
































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