NEUTRAL CITATION NO. 2023/DHC/000718

CRL. REV.P 831/2022 Page 1 of 16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Reserved on: 06.01.2023

Pronounced on: 02.02.2023

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CRL.REV.P. 831/2022

BHUWAN YADAV @ BHANU

...Petitioner

Through:

Mr. G.S. Sharma, Mr. V.K.

Sharma, Mr. R.A. Sharma and

Mr. Afsrun, Advocates

versus

STATE GNCT OF DELHI

...Respondent

Through:

Mr. Naresh Kumar Chahar,

APP for State with SI Kiranpal

Singh, P.S. Sarai Rohilla,

Delhi.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

SWARANA KANTA SHARMA, J.

1.

The present revision petition under Section 397 read with

Section 482 of the Code of Criminal Procedure, 1973 (“Cr.P.C.”) has

been filed by the petitioner for setting aside the impugned order dated

13.10.2022 passed by learned Additional Sessions Judge-II, Central

District, Tis Hazari Courts, New Delhi in FIR bearing no. 190/2022,

registered at Police Station Sarai Rohilla, Delhi, for the offences

punishable under Sections 394/34 of the Indian Penal Code, 1860

(“IPC”), whereby charges have been framed against petitioner and other

accused persons under Sections 394/302/411/34 IPC.

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.02.2023

18:25:26

Signature Not Verified

NEUTRAL CITATION NO. 2023/DHC/000718

CRL. REV.P 831/2022 Page 2 of 16

2.

The brief facts of the case are that on 28.02.2022, the

complainant, i.e., Daya Ram, was driving his battery rickshaw in which

a lady passenger namely Smt. Poonam i.e. the victim/deceased, was

sitting and talking on her phone. As soon as the complainant reached

Main Gate 56, Bigah Park, two bike riders wearing helmets passed by,

and one of the riders i.e. petitioner herein snatched the phone of the

victim who was sitting in a battery rickshaw. In the process of grabbing

the phone, the victim fell on the road and sustained injuries. Meanwhile,

one person arrived at the spot, and with his assistance, the complainant

was able to get the victim admitted to Deep Chand Bandhu Hospital. On

07.03.2022, secret information was received that the co-accused

Sonu@Ravi@Takla would be present at a premises in Ibrahim Pur,

Delhi, and the SHO concerned after forming a raiding team,

apprehended and arrested Sonu@Ravi@Takla. The co-accused on

interrogation confessed that on 28.02.2022, when the deceased lady was

going in an e-rickshaw on Inderlok to Wazirpur route, he and co-

accused, i.e. Kamal@Kunal had snatched her mobile phone, and she

had fallen on the road. They had taken the phone, which had certain

documents of the victim inside the cover of the phone. After that, co-

accused Sonu@Ravi@Takla led the police team to a vacant house

where the police recovered one voter ID card and national food security

card, which were of the victim. Thereafter, on 12.03.2022, the petitioner

i.e. Bhuwan Yadav@Bhanu and co-accused Rajan were taken to the

police station wherein the petitioner produced a Redmi Mobile Phone,

which matched the description of the robbed phone. Both the petitioner

and co-accused Rajan, were arrested by the police. Subsequently, due to

Digitally Signed

By:ZEENAT PRAVEEN

Signing Date:06.02.2023

18:25:26

Signature Not Verified

NEUTRAL CITATION NO. 2023/DHC/000718

CRL. REV.P 831/2022 Page 3 of 16

critical condition, the victim was further referred to LNJP Hospital, and

on 12.03.2022, she succumbed to her injuries.

3.

The police, after investigation, submitted the charge sheet under

Sections 394/302/411/34 IPC, whereupon cognizance was taken against

the petitioner, and the case was committed to the Court of Sessions for

trial. The learned Trial Court vide order dated 13.10.2022 framed the

charges against the accuse