HIGH COURT OF DELHI
SURYAKANT – Appellant
Versus
STATE (GOVT OF NCT OF DELHI) & ORS – Respondent
CRL.REV.P.-212/2017
CRL.REV.Ps. 212/2017 & 612/2017
Page 1 of 6
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
%
Pronounced on: 6th May, 2022
+
CRL.REV.P. 212/2017
SURYAKANT
.....Petitioner
Through:
Mr. Sandeep Kumar and Mr. Sachin
Kumar, Advocates
Versus
STATE (GOVT OF NCT OF DELHI) & ORS
..... Respondents
Through:
Mr. G.M. Farooqui, APP for the
State with SI Rahul
Mr. Nitin Sehgal, Advocate for R-7
to R-12
+
CRL.REV.P. 612/2017, CRL.M.A. 13389/2017
SURYAKANT
.....Petitioner
Through:
Mr. Sandeep Kumar and Mr. Sachin
Kumar, Advocates
Versus
STATE (GOVT OF NCT OF DELHI) & ORS
..... Respondents
Through:
Mr. G.M. Farooqui, APP for the
State with SI Rahul
Mr. Nitin Sehgal, Advocate for R-2
to R-7
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
J U D G M E N T
1.
By this common judgment, I shall dispose of these two revision
petitions since the two orders under challenge have been passed in the
same case i.e., Sessions Case No.1086/2016 titled State v. Suresh Suneja
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001735
CRL.REV.Ps. 212/2017 & 612/2017
Page 2 of 6
arising out of FIR No.787/2015 registered under Section 302 read with
Section 201 IPC at P.S. Mandawali, Delhi.
2.
It may be mentioned at this stage that the petitioner Suryakant is the
brother of the deceased. He moved an application under Section 311 of the
Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) for his
examination as a prosecution witness. This application was dismissed by
the then District and Sessions Judge (East), Karkardooma Courts, Delhi
vide order dated 28th February, 2017. Thereupon, a revision petition being
CRL.REV.P. 212/2017 was filed praying that the impugned order be set
aside and the application be allowed with directions to the learned Trial
Court to examine the petitioner as an eye-witness in the case.
3.
Subsequently, on 23rd May, 2017, the accused moved an application
under Section 294 Cr.P.C., on the basis of which examination of certain
witnesses was sought to be dispensed with. The application has been
placed on the record as Annexure P-10 to CRL.REV.P. 612/2017, which
petition has been filed against the orders of the learned Trial Court dated
23rd May, 2017 allowing the application under Section 294 Cr.P.C.,
dismissing the objections raised by the present petitioner.
4.
Mr. Sandeep Kumar, learned counsel for the petitioner, submitted
that the petitioner was aggrieved by these orders since the eye-witness was
not coming to testify and further, another witness had turned hostile,
whereas despite the repeated efforts of the petitioner, the Investigating
Officer (I.O.) had not included him as an eye-witness. It was submitted by
the learned counsel that the PCR call had been made from the phone of the
This is a digitally signed Judgement.
NEUTRAL CITATION NO: 2022/DHC/001735
CRL.REV.Ps. 212/2017 & 612/2017
Page 3 of 6
petitioner, though the cell phone stood in the name of his sister. It was
further claimed that even as per the testimony of Umesh Kumar, he had
rushed to the house of the deceased and along with other brothers of the
deceased, the petitioner had also rushed to the spot. Thus, the petitioner
had been an eye-witness and his testimony was material to the trial.
5.
Similarly, it was submitted by learned counsel for the petitioner that
the learned Trial Court had erroneously allowed the application of the
accused under Section 294 Cr.P.C. without examining the witnesses. It
may be noted that the same argument of the petitioner having not been
examined have been repeated even in the CRL.REV.P. 612/2017.
6.
Mr. G.M. Farooqui, learned Additional Public Prosecutor for the
State opposed these petitions submitting that the learned Trial Court in
both instances had correctly followed the prescribed procedure, inasmuch
as the application under Section 294 Cr.P.C. moved by the accused wo