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2018 Supreme(Online)(DEL) 5013

HIGH COURT OF DELHI
NASEEM KHAN – Appellant
Versus
STATE – Respondent


ORDER (ORAL)

1. The petitioner is facing prosecution on the basis of reports under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) submitted in two different cases arising out of first information report (FIR) No.19/2006 of Police Station Defence Colony and FIR No.67/2006 of Police Station Lajpat Nagar. In each case, allegations have been made about his complicity in certain acts of commission or omission statedly constituting, inter alia, offences under Section 387/506 of Indian Penal Code, 1860 (IPC). In each case, charges have been framed against him by the Metropolitan Magistrate, inter alia, for offence punishable under Section 387 IPC, the orders having been passed on 22.08.2014 and 24.08.2013. It may be mentioned here that in the former case, a separate charge under Section 506 IPC was also framed.

2. The petitioner had challenged the said aforesaid orders before the court of Sessions invoking its revisional jurisdiction, his prime contention being that on the basis of the material which had been submitted in each case, charge only for the offence under Section 385 IPC is attracted, the charge under Section 387 having been pressed to skirt around the issue of li

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