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2023 Supreme(Del) 5357

SUDHIR KUMAR JAIN
Mohd. Nasim – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Sanjay Manchanda, Mr. Rahul Miglani and Ms. Devika Samant, Advocates, for the Petitioner.
Mr. Yudhvir Singh Chauhan, APP for State with SI Pardeep Kumar, P.S. Mandawali.

JUDGMENT

1. The present criminal revision petition is filed under sections 397/401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") read with under section 482 of the Code to set aside the order dated 27.03.2017 (hereinafter referred to as "the impugned order") passed by the court of the District and Sessions Judge, East, Karkardooma Courts (hereinafter referred to as "the appellate court") in Criminal Appeal bearing no. 250/2016 titled as Mohd. Nasim Vs. The State (Govt. of NCT of Delhi) and the judgment dated 17.03.2016 (hereinafter referred to as "the impugned judgment") and order on sentence dated 15.07.2016 passed by the court of Metropolitan Magistrate-03, East, Karkardooma Courts (hereinafter referred to as "the trial court") in case arising out of the FIR bearing no.151/2009 registered under sections 279/337 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") at PS Mandawli Fazad Pur.

2. The relevant facts as reflected from the impugned judgment passed by the trial court are that SI Yad Ram (hereinafter referred to as "the Investigating Officer") after receipt of DD bearing no. 22A dated 10.04.2009 recorded at PS Mandawli Fazad Pur

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