BHAGWAN DAS VASUDEVA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Sudhir Kumar Jain, J 1. The present petition is filed under sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") for quashing of FIR bearing no.194/2015 registered under Sec. 341/323/34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") at P.S. Vikas Puri, New Delhi with all consequential proceedings including impugned judgment dtd. 24/9/2018 passed by the Court of Ms. Smita Garg, Additional Sessions Judge, West, Fast Track Court, Tis Hazari Courts, Delhi in Criminal Revision no.485/2017 titled as Bhagwan Dass Vasudeva and Ors. V. State (NCT of Delhi).

(2.) The respondent no 2 was ordered to be impleaded vide order dtd. 17/5/2017. The respondent no.2 stated to be expired and this Court vide order dtd. 18/2/2020 directed the concerned Investigating Officer to submit the names of the Legal Representatives of the respondent no 2 and in pursuance of the order dtd. 18/2/2020, Raghu Nath Singh Rathor, father and Renu Singh Rathor, Wife of the complainant appeared before this Court on 11/3/2022.

(3.) FIR bearing no. 194/2015 dtd. 23/2/2015 was got registered under Sec. 341/323/34 IPC at P.S. Vikas Puri, Delhi on the basis of the complaint made by the respondent no 2 pertaining to incident happened on 22/2/2015 wherein the petitioners were implicated. The charge sheet in pursuance of FIR bearing no 194/2015was filed after completion of the investigation and the court of Metropolitan MagistrateM-05 (West), Delhi (hereinafter referred to as "the trial court") vide order dtd. 17/5/2017 ordered for framing of the charges for offences punishable under Sec. 323/341/34 IPC against the petitioners. The petitioners being aggrieved by the order dtd. 17/5/2017 preferred Criminal Revision Petition bearing no.485/2017 titled as Bhagwan Dass Vasudev and Ors. V. The State (NCT of Delhi) which was dismissed vide order dtd. 24/9/2018 (hereinafter referred to as "the impugned order") passed by the Court of Ms. Smita Garg, ASJ/FTC (e-Court), West, Tis Hazari Courts, Delhi (hereinafter referred to as "the revisional court").