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2022 Supreme(Online)(DEL) 2440

HIGH COURT OF DELHI
SURYAKANT – Appellant
Versus
STATE (GOVT OF NCT OF DELHI) & ORS – Respondent


J U D G M E N T

1. By this common judgment, I shall dispose of these two revision petitions since the two orders under challenge have been passed in the same case i.e., Sessions Case No.1086/2016 titled State v. Suresh Suneja arising out of FIR No.787/2015 registered under Section 302 read with Section 201 IPC at P.S. Mandawali, Delhi.

2. It may be mentioned at this stage that the petitioner Suryakant is the brother of the deceased. He moved an application under Section 311 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) for his examination as a prosecution witness. This application was dismissed by the then District and Sessions Judge (East), Karkardooma Courts, Delhi vide order dated 28th February, 2017. Thereupon, a revision petition being CRL.REV.P. 212/2017 was filed praying that the impugned order be set aside and the application be allowed with directions to the learned Trial Court to examine the petitioner as an eye-witness in the case.

3. Subsequently, on 23rd May, 2017, the accused moved an application under Section 294 Cr.P.C., on the basis of which examination of certain witnesses was sought to be dispensed with. The application has been placed on the recor

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