2024 Supreme(Online)(DEL) 22571
$~69 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SMT. BEERMATI DECEASED THROUGH HER LRS ..... Petitioners Through:
Mr. Ved Pal Rana, Advocate. versus THE STATE OF NCT OF DELHI & ORS.
..... Respondents Through:
Mr. Amit Ahlawat, APP for the State.
CORAM: HON'BLE MR. JUSTICE AMIT SHARMA
CHANDERMANI GROVER
ORDER
% 11.03.2024 CRL.M.A. 7585/2024 (Exemption)
1. Exemption allowed, subject to just exceptions.
2. The application is accordingly disposed of.
CRL.M.A. 7586/2024 (Delay in re-filing)
3. The present application under Section 482 of the Cr.P.C. seeks the following prayers:
- “It is, therefore, most respectfully prayed that this Hon’ble Court may kindly be pleased to condone the delay of 168 days in re-filing the present revision petition to meet the ends of justice.
- Pass any other or further order/ direction as this Hon’ble court may in view of the facts and circumstances of the present case and in the interest of justice deems fit and proper.”
4. In view of the averments made in the application, the same is allowed.
Delay of 168 days in re-filing the present petition is condoned.
5. The application stands disposed of.
6. The present petition under Section 399 read with Section 401 of the Cr.P.C. seeks the following prayers:
- “(a) Call the records of the Criminal Appeal No.214/2018 titled as “Chand Singh & Anr. Versus The State N.C.T. of Delhi” decided by ASJ-02, North, Delhi; and (b) Set aside the judgment dated 15.07.2023 passed by ASJ-02, North, Delhi in Criminal Appeal No.214/2018 titled as “Chand Singh & Anr. Versus The State N.C.T. of Delhi” to the extent it modifies the sentence originally imposed by the trial court vide its order on sentence dated 16.10.2018; and/or (c) Award compensation to the petitioner under section 357A Cr.P.C. which this Hon’ble court may in view of the facts and circumstances of the case and in the interest of justice deems fit and proper; and (d) Pass any other or further order/ direction as this Hon’ble court may in view of the facts and circumstances of the present case and in the interest of justice deems fit and proper.”
7. Issue notice.
8. Learned APP for the State accepts notice.
9. On the petitioner taking necessary steps, issue notice to respondent no. 2 through all permissible modes, including, electronic mail, if any, returnable on 19.07.2024. AMIT SHARMA, J MARCH 11, 2024/bsr