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2023 Supreme(Del) 1635

SWARANA KANTA SHARMA
Vijay – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Biwswajeet Shrain, Advocate, for the Petitioner.
Mr. Naresh Kumar Chahar, APP, for State with SI Vikash, P.S. J.P. Kalan.

JUDGMENT

Swarana Kanta Sharma, J. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed by the petitioners against the impugned order dated 15.11.2022 passed by learned Additional Sessions Judge-05, South West District, Dwarka Courts, New Delhi (`Trial Court') in Sessions Case No. 794/2021, arising out of FIR bearing no. 145/2020, registered at Police Station J.P. Kalan, Delhi, for the offence punishable under Section 308/34 of Indian Penal Code, 1860 (`IPC'), whereby charges have been framed against petitioners and other accused persons under Sections 341/308/323/34 of IPC by learned Trial Court.

2. Briefly stated, facts of the present case are that on 26.06.2020, upon receipt of DD no. 58A, the concerned police officials had reached the place of incident i.e. Jitan Pana Village, Dhansa, New Delhi, where they had discovered that two parties, involved in a dispute over land, had been taken to the hospital for MLC by PCR, and the injured individuals had been declared unfit to give statements by the concerned doctors. Thereafter, the concerned police officer had recorded the statement of the complainan

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