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2024 Supreme(Del) 453

NAVIN CHAWLA
Naresh Kumar And Others – Appellant
Versus
State NCT of Delhi – Respondent


Advocates appeared:
Mr.Achin Goel, Advocate (through VC), for the Petitioner.
Ms.Priyanka Dalal, APP with ASI Dilbag Hussain.

JUDGMENT

Navin Chawla, J. (Oral)

CRL.M.A. 5799/2024 (Exemption)

1. Allowed, subject to all just exceptions.

CRL.REV.P. 257/2024 & CRL.M.A. 5798/2024

2. This petition has been filed under Section 401 of the Code of Criminal Procedure, 1973 (in short, `Cr.P.C.') challenging the Order dated 12.12.2023 (hereinafter referred to as `Impugned Order') passed by the learned Additional Sessions Judge-06 (South) Saket Courts, New Delhi (hereinafter referred to as `Trial Court') in SC 455/2023, titled State v. Naresh Kumar @ Sunny, arising out of the FIR No. 303/2023 registered at Police Station: Tigri under Sections 308/34 of the Indian Penal Code, 1860 (in short, `IPC'). Later, the charge-sheet was filed inter alia against the petitioners under Sections 307/34 of the IPC.

3. Issue notice.

4. Notice is accepted by Ms.Priyanka Dalal, learned APP for the State.

5. By the Impugned Order, the learned Trial Court has found prima facie case for offence under Sections 307/34 of the IPC to be made out inter alia against the petitioners and consequently, has directed framing of the charge accordingly.

6. The learned counsel for the petitioners submits that the MLC dated 05.08.2023 carried out at the Jai Prakas

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