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2023 Supreme(Del) 3712

SUDHIR KUMAR JAIN
Maya Devi – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Ravinder Kumar, Advocate with petitioner in person.
Mr. Utkarsh, APP for State with SI Manish, PS Welcome.

JUDGMENT

1. The present criminal revision petition is filed under section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") read with section 401 of the Code to impugn the judgment dated 13.09.2017 (hereinafter referred to as the "impugned judgment") passed in Criminal Appeal bearing no 24/2017 (56/2017) titled as Maya Devi & Another Vs. The State GNCT of Delhi arising out of FIR bearing no 0242/2004 dated 29.07.2004 passed by the court of Sh. S.K. Malhotra, ASJ/FTC/e-Court, Shahdara, Karkardooma, Delhi (hereinafter referred to as the "appellate court").

2. In backdrop of case briefly narrating the facts of the case are that PW4 ASI Rajbir Singh along with HC Devender, PW2 Ct. Shiv Dutt and Ct. Arun Kumar on 28.07.2004 were on patrolling duty at 100 futa road near Shiv Mandir and at about 9.15 pm received a secret information that one person, namely, Nempal has kept illegal arms and ammunition at his house bearing no E-151, Rajiv Gali, East Babarpur and the said Nempal can be apprehended if the raid is conducted. Accordingly, PW4 ASI Rajbir Singh constituted a raiding party and requested 6-7 passersby to join the investigation but none agreed and

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