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2023 Supreme(Del) 2034

SWARANA KANTA SHARMA
Bhuwan Yadav @ Bhanu – Appellant
Versus
State GNCT of Delhi – Respondent


Advocates appeared:
Mr. G.S. Sharma, Mr. V.K. Sharma, Mr. R.A. Sharma and Mr. Afsrun, Advocates, for the Petitioner.
Mr. Naresh Kumar Chahar, APP for State with SI Kiranpal Singh, P.S. Sarai Rohilla, Delhi.

JUDGMENT

Swarana Kanta Sharma, J. The present revision petition under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") has been filed by the petitioner for setting aside the impugned order dated 13.10.2022 passed by learned Additional Sessions Judge-II, Central District, Tis Hazari Courts, New Delhi in FIR bearing no. 190/2022, registered at Police Station Sarai Rohilla, Delhi, for the offences punishable under Sections 394/34 of the Indian Penal Code, 1860 ("IPC"), whereby charges have been framed against petitioner and other accused persons under Sections 394/302/411/34 IPC.

2. The brief facts of the case are that on 28.02.2022, the complainant, i.e., Daya Ram, was driving his battery rickshaw in which a lady passenger namely Smt. Poonam i.e. the victim/deceased, was sitting and talking on her phone. As soon as the complainant reached Main Gate 56, Bigah Park, two bike riders wearing helmets passed by, and one of the riders i.e. petitioner herein snatched the phone of the victim who was sitting in a battery rickshaw. In the process of grabbing the phone, the victim fell on the road and sustained injuries. Meanwhile, one person arrived at the s

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