Rajesh Maurya vs Vivek Tyagi - 2023 Supreme(P&H) 1797

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1797

MANJARI NEHRU KAUL
Rajesh Maurya – Appellant
Versus
Vivek Tyagi – Respondent

Advocates appeared:
For the Parties : Mr. Shiv Kumar, Mr. Bikram Chaudhary

Table of Content
1. factual background of the case. (Para 1 , 2)
2. arguments from the accused and complainant. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11)
3. court's ruling on the application and implications. (Para 12 , 13 , 14 , 15 , 16 , 17)
4. final order of the court. (Para 18)

Judgment

Mrs. Manjari Nehru Kaul, J.

The petitioner is impugning the order dated 20.03.2019 passed by learned Additional Sessions Judge, Faridabad vide which revision petition preferred by the respondent-complainant against the dismissal of his application under Section 311 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’) was allowed and the latter was allowed to examine three witnesses by way of additional evidence in CIS No.NACT/5317/2015.

2. Brief facts necessary for the adjudication of this case are that the complaint in question was filed against the petitioner-accused (hereinafter referred to as ‘accused’) on the allegations that 7/8 years ago, the accused had gotten acquainted with the respondent-complainant (hereinafter referred to as ‘complainant’) since the latter was his counsel in a case. Thereafter, the accused and the complainant developed friendly relations with each other. The accus