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2024 Supreme(Online)(DEL) 8417

HIGH COURT OF DELHI
MANINIDER SINGH ALIAS KALE – Appellant
Versus
STATE OF DELHI AND ANR. – Respondent


Advocates:
LUV MANAN

O R D E R

% 09.08.2024 CRL.M.A. 23613/2024 (exemption)

Exemption granted, subject to just exceptions.

Let requisite compliances be made within 01 week.

The application stands disposed of.

CRL.M.A. 23614/2024 (stay)

CRL.REV.P. 1013/2024 By way of the present revision petition filed under sections

442/438 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), the petitioner impugns order dated 03.05.2024 made by the learned Special Judge, Saket Courts, New Delhi in case bearing SC No. 7534/16 arising from FIR No.265/2012 dated 26.10.2012 registered under sections 302/452 of the India Penal Code, 1860 (‘IPC’) at P.S.: Fatehpur Beri, Delhi by which the learned Special Judge has rejected the petitioner’s application under sections 328/329 of the Code of Criminal Procedure 1973 (‘Cr.P.C.’) seeking postponement of further proceedings in the trial, on the ground that the petitioner is of unsound mind and therefore is incapacitated from facing trial.

2. At the outset, Mr. Luv Manan, learned counsel appearing for the petitioner submits, that though the prayer in the main petition seeks a direction for fresh psychological examination of the petitioner, the petitioner in fact

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