JUDGMENT

Subramonium Prasad, J. This petition under Section 397 /401 Cr.P.C is directed against the order dated 25.02.2020, passed by the learned District and Sessions Judge, Patiala House Courts, New Delhi, in SC No.58/2020 arising out of FIR No.189/2016, registered at Police Station South Campus for offences under Section 392 /34 IPC. The learned District and Sessions Judge by the order impugned herein has held that the offence under Section 397 IPC is not made out against the accused/respondent herein and the matter has been sent to the learned Chief Metropolitan Magistrate for framing of charge under Section 392 IPC.

2. The factual matrix which has led to the filing of the instant petition is as under :

a) A complaint was received from one Navi S/o Sanjiv Bhadu R/o S/466, Second Floor, Greater Kailash -I, New Delhi, stating that on 11.04.2016 at about 9 PM, four of his friends, namely, Siddhant, Suyesh, Shubham and Pranav came to meet him at his house. It is stated that at about 1:00 AM he along with his friends went to Janakpuri to drop Pranav to his work in a car bearing No. DL 1N 8064. It is stated that that the complainant was driving the car. It is stated that at about 1