State GNCT of Delhi vs Deepak Malhotra

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 4040

SUDHIR KUMAR JAIN
State GNCT of Delhi – Appellant
Versus
Deepak Malhotra – Respondent

Advocates appeared:
Mr. Utkarsh, APP, for the State with SI Varun, PS GK-I.
Mr. N.P. Nehra, Advocate, for the Respondent-1.
Mr. Harish Kumar Gupta, Advocate, for the Respondent-2.

JUDGMENT (Oral)

1. The present Revision Petition is filed under section 397(1) Cr.P.C against the order dated 12.02.2016 passed by the Court of Shri Sanjiv Jain, Additional Sessions Judge, Fast Track Court, South-East District, Saket Courts, New Delhi in FIR bearing no. 0482/2015 at PS Greater Kailash for the offence punishable under sections 376/384 IPC.

2. The present FIR bearing no. 0482/2015 was got registered on the basis of complaint made by the complainant "P" on the allegations as mentioned in the FIR bearing no. 0482/2015 at PS Greater Kailash under sections 376/384 IPC. After conclusion of investigation, charge sheet was filed wherein the respondent no.1was charged for the offences punishable under sections 376/384 IPC and the respondent no. 2 was charged for the offence punishable under section 384 IPC.

3. The Court of Shri Sanjiv Jain, Additional Sessions Judge, Fast Track Court, South-East District, Saket Courts, New Delhi vide order dated 12.02.2016 ordered for framing of the charges under sections 376 and 417/376 IPC against the respondent no. 1. The respondents were ordered to be discharged for the offence punishable under section 384 IPC. The order dated 12.02.2