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2023 Supreme(Del) 3801

SWARANA KANTA SHARMA
Ali Jaan – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr. Amit Khatana & Mr. Kunal Khatana, Advocates, for the Petitioner.
Mr. Manoj Pant, APP, for the State with SI Narender Kumar, PS Chanakya Puri.

JUDGMENT

Swarana Kanta Sharma, J. The instant petition has been filed on behalf of the appellant under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr'P.C..) assailing the order dated 27.03.2023 passed by the learned Additional Sessions Judge, South-East District, Saket Courts, Delhi (`learned ASJ') in Criminal Appeal No.173/2019 arising out of FIR bearing no. 170/2008 registered at Police Station Chanakya Puri, Delhi for offence punishable under Sections 279/338/304A of Indian Penal Code, 1860 (`IPC') and Sections 115/194 of Motor Vehicles Act, 1988 (`M.V. Act').

2. Briefly stated, the facts of the case are that on 17.08.2008 at 10:45 AM, an information regarding an accident at Ridge Road, near Buddha Garden, New Delhi was received at P.S. Chanakyapuri, New Delhi, after which concerned police official had reached the site of incident and had found a Maruti Car bearing registration no. DL-2CZ-5822 and a truck bearing registration no. HR-38M-4551 in accidental condition. The driver of the truck was identified as accused Ali Jaan, and injured persons at the site of incident were taken to hospital. During the course of investigation, it was revealed that

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