JUDGMENT

Dinesh Kumar Sharma, J. (Oral)--Present revision petition has been filed assailing the order dated 17.10.2022 passed by the Ld. Spl. Judge (NDPS)-2, Central District, THC Courts, Delhi, whereby the Ld. Judge has ordered for framing of charge under section 395, IPC qua the petitioners in SC No. 38/2022.

2. Learned APP has submitted that initially eight persons were arrested in this case and the chargesheet was filed against eight persons. However, out of the eight, four were discharged by the learned trial court vide order dated 17.10.2022. Learned APP has fairly submitted that since there were only four persons remaining, the matter is required to be remanded back to the Trial Court for reconsideration on the question of framing of charge under section 395 IPC. Learned APP has further informed that subsequently supplementary chargesheet was filed against two persons, out of whom, one was released by the learned trial court and for the remaining one, the question of charge/discharge is yet to be considered and decided by the learned trial court.

3. Learned counsel for the petitioner has insisted that a finding may be given by this court that Section 395, IPC is not made ou