JUDGMENT :

1. By this petition, the petitioner seeks setting aside of order dated 7th October, 2020 passed by the Ld. ASJ, Tis Hazari Courts wherein order on charge was passed under Sections 323/341/34 IPC in proceedings arising out of FIR No.42/2012 PS Swaroop Nagar and consequently uphold the framing of charge under Sections 323/341/34 as well as Section 308 IPC by Ld. MM. As per the case of the prosecution, the case was registered on the complaint of the petitioner against the accused persons viz. Kaptan Singh and his son Vivek Singh. The complainant/petitioner alleged that he is residing on the ground floor of House No.3/61, Swaroop Nagar, Delhi and on 30th March, 2012 at about 10:30 am he was present in his room and heard some noise. The complainant alleged that he went upstairs and saw that the accused persons were beating his elder brother Pawan Kumar. Accused Vivek Singh had caught hold of his brother with his hair and hit his head against the grill till he sustained injuries on the head. Accused Kaptan Singh was exhorting Vivek Singh to throw the petitioner’s brother out of the grill. The petitioner’s niece made a call at 100 Number, the police reached the spot and injured