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2021 Supreme(Del) 1794

SUBRAMONIUM PRASAD
Shyam Singh Yadav – Appellant
Versus
State Govt Of NCT Of Delhi – Respondent


Advocates appeared:
Mohit Chaudhary, Advocate, Meenakshi Chauhan, Advocate, Gurinder Singh, Advocate, Harsh Jaidka, Advocate

JUDGMENT

Subramonium Prasad, J. - This revision petition filed under Section 397/401 Cr.P.C is directed against the order dated 12.12.2017, passed by the Additional Sessions Judge-02 (South East District) Saket Courts, New Delhi, in Criminal Appeal No. 487/2017 where by the Additional Sessions Judge has held that the offence under Section 307 IPC is not made out againt the respondent Nos.2 and 3 and has sent the case back to the Chief Metropolitan Magistrate (South-east) Saket Courts without framing a charge.

2. The short question which arises for consideration in this revision petition is the consequence of a Sessions Judge taking the view, that the offence is not exclusively triable by him under Section 228(1)(a) Cr.P.C. In such a situation, is the Sessions Judge required to frame charges before transferring the case to the Chief Judicial Magistrate ?

3. Shorn of unnecessary details the facts leading to this revision petition are as under:

    a) On 02.11.2011, a complaint was submitted to the ACP, Ambedkar Nagar, New Delhi stating that at about 12 noon the complainant/petitioner herein went to Dr. Karni Singh shooting range, Tughlakabad to participate in a shooting event. It is stated

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