CRL.M.C. 1353/2021 Page 1 of 18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 1353/2021

Date of decision: 1^st September, 2021

IN THE MATTER OF:

BIJENDER @ BINDER

..... Petitioner

Through

Mr. Sunil K. Mittal, Mr. Anshul

Mittal, Mr. Sachit Arora and Ms.

Aanchal Mittal Arora, Advocates

versus

THE STATE

..... Respondent

Through

Ms. Kusum Dhalla, APP for the State.

Mr. Sumeet Shokeen, Advocate for

the complainant.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

This petition under Section 439(2) read with Section 482 Cr.P.C has

been filed by the petitioner seeking quashing of order dated 12.05.2021

passed by learned Additional Sessions Judge-05, North West District,

Rohini Courts, Delhi in FIR No. 452/2017 dated 29.12.2017 registered at

Police Station Kanjhawala for offences under Sections 302, 207, 201, 120B

and 34 IPC and Sections 25/27/54/59 Arms Act.

2.

Before proceeding to delve into the merits of the case it would be

necessary to allude to the facts of the case, they are as follows:

a)A complaint was made by one Kuldeep at PS Kanjhawala on

28.12.2017 that two persons namely Himanshu and Nitin had been

wounded by bullet injuries. It is stated that he and his relative

Sandeep @ Bitoo were drinking liquor at the plot of the

CRL.M.C. 1353/2021 Page 2 of 18

Complainant when the Petitioner‟s nephew Sandeep @ Sonu

arrived and furiously asked the complainant if he had seen

Himanshu @ Bantu, who was a property dealer and knew the

complainant as a neighbor from the same village. Sandeep @

Sonu left the plot after cussing at Himanshu saying that he would

„kill‟ him. Thereafter Himanshu@ Bantu called the complainant &

told him about his spat with the Petitioner regarding the latter‟s

car. It is stated that after an hour, the Petitioner along with

SandeepChillar@ Sonu, Himanshu, Nitin and few unnamed men

arrived at the plot of the complainant. It is further stated that the

Petitioner and Sandeep@ Sonu wielded their guns and started

firing at the Himanshu and Nitin. Both of them fell to the ground

unconscious, they were rushed to the hospital by the Complainant

and Sandeep@ Bitoo. On the said complaint FIR No. 452 of 2017

for offences under sections 302, 307, 201, 120B & 34 IPC read

with sections 25, 27, 54 and 59 of the Arms Act.

b)The accused was arrested on 11.1.2018 by AATS Staff. Two

Licensed firearms and two live cartridges were recovered from his

possession. The Police during interrogation of the accused found

that the Petitioner‟s car, a black Porsche bearing number HR-

26BW- 0067 was damaged in an accident and one Vikas Jindal,

owner of a mechanic garage said the cost of repairing the car after

claiming insurance would be approximately 7-8 lakh rupees.It was

further disclosed that Vikas Jindal was known to injured

Himanshu as they resided in the same locality and suggested to the

Petitioner that the balance amount for the repairs could be adjusted

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with Himanshu. It was stated on 28.12.2017 that the Petitioner was

called by Himanshu to settle the dues, he along with his nephew

Sandeep Chillar@ Sonu bearing firearms left for the house of

Kuldeep where an altercation ensued and it is stated Sandeep

Chillar @Sonu fired 5 rounds at Himanshu and deceased Nitin. It

was further disclosed that before fleeing the premises of Kuldeep

the associates of the Petitioner mangled the DVR/CCTV cameras

on the said plot.

c)Sandeep @ Sonu was arrested by the Police on 15.01.2018. and

later arrests of other co-accused including CCL Manoj were

effected, his proof