JUDGMENT

AMIT SHARMA, J.

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 („CrPC‟), has been preferred by the State assailing the order on charge dated 07.02.2013, passed by the learned Additional Session Judge/Special Judge (NDPS), Outer District, Rohini Courts, Delhi, whereby, the learned Additional Session Judge /Special Judge, discharged the respondent under Sections 302/365/201/120B of the Indian Penal Code („IPC‟), in FIR No. 12/2010, registered at P.S. Prashant Vihar.

2. Briefly stated, facts relevant for adjudication of the present petition are as under:

i. On 16.01.2010, FIR No. 12/2010, under Section 365 of the IPC was registered at P.S. Prashant Vihar at the instance of Lalit Sharma, the brother of the deceased, since the latter was missing since the evening of 14.01.2010.

ii. After the registration of the FIR, statements of Lalit Sharma (brother of the deceased), Kavita Sharma (sister of the deceased), Sachin Kumar, Sanchit Arora and Rupesh Gupta (friends of the deceased) were recorded. The Call Detail Record („CDR‟) of the deceased and accused/suspect Devender @ Madan @ Guddu @ Rajesh were obtained and examine