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2021 Supreme(Del) 309

SUBRAMONIUM PRASAD
State, GNCT Delhi – Appellant
Versus
Yogesh Kochar @ Babloo – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Meenakshi Chauhan, Adv
For the Respondent:Mr. Abhishek Kumar, Advocate

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The present petition under Section 397/401 Cr.P.C is directed against the order dated 30.08.2017, passed by the Additional Session Judge/Special Judge (NDPS) (West), Tis Hazari Courts, Delhi in Criminal Appeal No. 67/2016 acquitting the accused/respondent herein and setting aside the judgment of conviction dated 05.08.2016 and order on sentence dated 02.09.2016 passed by the learned Metropolitan Magistrate-07 (West), Tis Hazari Courts, Delhi.

2. The facts, in brief, leading to the instant revision petition are as under:

    a) It is the case of the prosecution that on 28.11.2006, at about 7.15 PM, the accused/respondent herein beat up the complainant, one Sandeep Dutta, and caused grievous hurt to him and had also caused damage to his Maruti car having registration No.HR-26H-4333. It is stated that the incident took place near house No. BG-6/344, Paschim Vihar. On the basis of the complaint, an FIR was lodged being FIR No.73/2007 dated 24.01.2007 registered at Police Station Paschim Vihar for offences under Sections 325 & 427 IPC. After completion of investigation, charge sheet was filed against the accused/respondent herein. Charges under Sections 325/

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