NITIN KUMAR Vs. STATE (GOVT OF NCT DELHI)

JUDGEMENT

(1.) CRL.M.A. 27984/2024 : Exemption allowed, subject to just exceptions. Application stands disposed of. CRL.M.C. 7334/2024 : Petition under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') has been preferred on behalf of the petitioners for quashing of FIR No. 0248/2024 under Ss. 115(2)/127(1)/326(f) of Bharatiya Nyaya Sanhita, 2023 ('BNS'), registered at P.S.: Dwarka South.

(2.) Issue notice. Learned APP for the State along with respondent No. 2 in person appear on advance notice and accept notice.

(3.) In brief, as per the case of prosecution, on 18/7/2024, there was an altercation between complainant (Sandeep Yadav) / respondent No. 2, who was proceeding on bike and petitioner No. 1 (Nitin Kumar) and petitioner No. 3 (CCL), as motorcycle of complainant touched the handle of motorcycle driven by petitioner No. 1. Both petitioner No. 1 and 3 chased the complainant, assaulted him and set motorcycle of complainant (respondent No. 2) on fire under influence of alcohol. In the meantime, petitioner No. 2 (Sahil Khan) who was also passing by is alleged to have slapped complainant.