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2023 Supreme(Del) 5773

AMIT SHARMA
Sunil Malhotra – Appellant
Versus
The State NCT of Delhi – Respondent


Advocates appeared:
Mr. Ilesh Shukla, Advocate, Mr. Chetan Sharma, Advocate, Mr. Chetanya Singh, Advocate and Ms. Ria S., Advocate, for the Appellant; Mr. Aman Usman, APP for the State, SI Lovely Priyanka, PS Connaught Place, Mr. Manav Jain, Advocate, for the Respondent-2.

JUDGMENT

Amit Sharma, J. - The present petition under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeks quashing of FIR No. 0231/2017 under Section 304A of the Indian Penal Code, 1860 ('IPC') registered at PS Connaught Place and all other consequential proceedings emanating therefrom including the chargesheet pending in the Court of Sh. Yashdeep Chahal, Metropolitan Magistrate - 01, Patiala House, New Delhi.

Background

2. Briefly stated, the facts of the case are as under:

    i. On 25.11.2017, information was received at PS Connaught Place that one Rakesh had been brought LHMC Hospital at 11:30 AM by the workers of Embassy Hotel, Connaught Place, New Delhi. The said person had fell unconscious after suffering an electric shock and had burn marks on his abdomen, forearm and foot. The MLC reflected that he had been declared brought dead to the hospital. It was informed that the deceased worked in the kitchen of Embassy Hotel and was electrocuted while he was lifting a cylinder.

    ii. A team of police personnel reached the hotel and inspected the crime scene. Two electrical wires and a cylinder was seized and CCTV footage of the alleged incident was obtained.

    iii. Post-mortem of

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