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2023 Supreme(Del) 2998

SUDHIR KUMAR JAIN
Sumit Kaushal – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr. Vishesh Wadhwa, Ms. Swadha Gupta and Mr. Abhay Gahlot, Advocates, for the Petitioner.
Mr. Utkarsh, APP, for the State/Respondent-1 with SI Kamlesh Meena, P.S. Sagar Pur.

JUDGMENT (Oral)

1. The present criminal revision petition is filed under section 397/401 Cr.P.C. read with section 482 Cr.P.C. to set aside the impugned order dated 21.07.2017 passed by the concerned trial court whereby the charges were ordered to be framed against the petitioners.

2. FIR bearing no.0172/2016 dated 29.02.2016 was got registered under sections 328/307/366/376/34 IPC on the basis of complaint made by the respondent no. 2 wherein the petitioners were implicated. The charge-sheet was filed after conclusion of investigation for the offences punishable under sections 376/323/34 IPC.

3. The Court of Additional Sessions Judge (SFTC), Dwarka Courts, New Delhi vide impugned order dated 21.07.2017 ordered to frame the charges against the petitioner no. 1/Sumit Kaushal for the offences punishable under sections 328/366/394/376/307/506(II) IPC and against the petitioners no. 2 and 3 for the offences punishable under sections 323/34 IPC. The impugned order dated 21.07.2017 reads as under:

    "21.07.2017

    Heard submissions on charge.

    There is sufficient material on record to proceed against accused Sumit Kaushal U/s 328/366/394/376/307/506(11) IPC and against accused Sujeta & Bhagwan

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