* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 3^rd March, 2025 + CRL.L.P. 45/2019 & CRL.M.A. 600/2019 STATE .....Petitioner Through: Ms. Priyanka Dalal, APP for the State along with SI Narender Kumar.

versus SALEEM BEG .....Respondent Through: Appearance not given.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

ORDER

CHANDRA DHARI SINGH, J (Oral)

CRL.M.A. 600/2019 (For Condonation of Delay)

1. For the sufficient cause being shown, the instant application stands allowed.

2. In light of the aforesaid, the instant application stands disposed of.

CRL.L.P. 45/2019

3. The instant petition under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) has been filed on behalf of the petitioner seeking the following reliefs:

Signature Not Verified Digitally Signed CRL.L.P. 45/2019 Page 1 of 13 “(a) Grant leave to appeal against Judgment and order dated 1.9.2018 passed by the Court of Ms. Ilia Rawat, Id. ASJ - Special Fast Track Court (South District), Saket Courts, New Delhi in SC No. 91/2015 arising out of FIR No.281/12, u/S.

308IPC PS Mehrauli.

(b) Summon the records in case arising out of SC No. 91/2015 arising out of FIR No.281/12, u/S. 308 IPC PS Mehrauli disposed vide Judgment and order dated 1.9.2018 passed by the Court of Ms. Ilia Rawat, Id. ASJ - Special Fast Track Court (South District), Saket Courts, New Delhi.

(c) Pass any other/ further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case herein.”

4. The present case arises out of FIR No. 281/2012, registered at Police Station – Mehrauli, Delhi under Section 308 of the Indian Penal Code, 1860 (hereinafter “IPC”). The brief facts that led to the filing of the instant petition are as follows:

a. On 25^th June, 2012, at approximately 9:55 AM, a call was received regarding a quarrel near Aulia Masjid, Andheria Mor, which was recorded as DD No. 13A. The said call was assigned to Head Constable Jaiveer Singh, who reached the spot along with Ct. Pramod Kumar. Upon arrival, it was found that the injured, Shahul Hameed, who is the complainant herein, had been taken to AIIMS Trauma Center by a PCR van.

b. As per the complainant, the incident arose when a student named Labib, came to his residence and asked him to remove his car. When the complainant reached the ground floor, he encountered the accused namely Saleem who allegedly ordered him to move his vehicle. A Signature Not Verified Digitally Signed CRL.L.P. 45/2019 Page 2 of 13 verbal exchange ensued, following which the accused purportedly retrieved a thick stick from his car and began assaulting the complainant, striking him on the head, shoulders and buttocks.

c. The complainant stated that he attempted to flee but was pursued, and only managed to escape after bystanders intervened. He further alleged that the incident was an extension of previous threats related to a property dispute over the Madarsa, which belonged to the complainant.

d. The police registered an FIR under Section 308 of the IPC, and the matter was investigated by SI S.P. Singh. During the course of investigation, the police seized blood-stained clothes belonging to the complainant and recovered a cricket wicket, alleged to be the weapon of offence, at the instance of the accused e. The police also collected the complainant‟s MLC, which noted lacerated wounds on the left occipital scalp, but categorized them as „simple injuries‟ and obtained the call detail records of co-accused persons, which did not establish their presence at the scene.

f. The forensic analysis confirmed that the blood sample on the complainant‟s clothes matched his own blood, though no further incriminating forensic evidence was found linking the accused to the injuries.

g. During the trial, the prosecution examined 11 witnesses to substantiate his case. The complainant, PW-2, reiterated his allegations, asserting that the attack by the accused was part of a larger dispute and that he Signature Not Verified Digitally Signed CRL.L.P. 45/2019 Page