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TALWANT SINGH
Rajinder Singh Ahuja – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Talwant Singh, J.
1. Petitioners have preferred the present revision petition against an impugned order dated 25.06.2021 passed by learned Additional Sessions Judge-04 (hereinafter referred to as `ASJ'), District South-East, Saket Courts, New Delhi in Criminal Revision Petition No. 892/2019. Vide the afore-said order, the learned ASJ had partly allowed the criminal revision petition against the order impugned therein dated 11.11.2019, passed by Shri Gagandeep Jindal, learned Metropolitan Magistrate (hereinafter referred to as MM), Saket Courts in CC No. 5661/2018, by which the complaint filed by the present respondent No.2 was dismissed under Section 203 of the Code of Criminal Procedure (Cr.P.C.).
1.1 Learned ASJ had directed the parties to appear before the learned MM, who was ordered to permit further examination of any other witness(s), if sought for by the complainant, and thereafter pass a reasoned order in view of the observation made in the order dated 25.06.2021 passed by the learned ASJ.
1.2 Feeling aggrieved, the present petitioners have filed this criminal revision petition.
1.3 The case, in nutshell, of the petitioners is that the daughter of the petitione
The withdrawal of a complaint amounts to acquittal of the accused, and a second complaint on the same facts and cause of action is not maintainable. The revisional court's power is limited to procedu....
The public prosecutor must independently assess the legitimacy of withdrawal from prosecution under Section 321 Cr.P.C, ensuring it serves public justice.
The Magistrate's discretion in accepting or rejecting police final reports is paramount, and the Revisional Court's role is limited to ensuring no legal errors occurred in the lower court's proceedin....
(1) Victim of offence cannot file Revision Petition against order of acquittal.(2) Charge-sheet filed by Head of investigation team of CID before jurisdictional Magistrate, is not a charge-sheet in e....
The main legal point established in the judgment is that a petitioner must avail the opportunities given by the court, and a mere change of counsel does not suffice as a reason for not cross-examinin....
Criminal proceedings cannot supersede pending civil matters; ongoing civil disputes should not be criminalized unless substantial evidence exists.
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