LAWS(DLH)-2024-2-90

VIJAY KUMAR AGARWAL Vs. STATE

Decided On February 21, 2024
VIJAY KUMAR AGARWAL Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) By the way of this petition petitioner is seeking quashing/setting aside of the impugned Order dtd. 23/1/2023 passed by Shri Arun Sukhija, Additional Sessions Judge, Karkardooma Courts, Delhi, dismissing Criminal Revision Petition No. 56 of 2018, titled Vijay Kumar Agarwal v State.

(2.) In brief the facts of the case are that on 26/12/2002 the complaint were lodged by the tenant of petitioner and FIR nearing no. 524/2002 under Sec. 457/380/341 I.P.C. was lodged at PS Pandav Nagar. Petitioner filed Writ Petition (Crl.) No. 768 of 2003, titled Vijay Kumar v State and others, praying for quashing of the said FIR No. 524/2002 and for registration of a proper FIR in accordance with law against the opposite party, was dismissed by the co-ordinate bench of this Hon'ble Court, on the ground of availability of alternative remedy under the Cr.P.C.

(3.) Order on Charge was passed against the petitioner in the said F.I. R. by the learned ACMM Karkardooma Courts, Delhi, vide order dtd. 11/12/2012. The petitioner preferred the Criminal Revision Petition, challenging the impugned order dtd. 11/12/2012, whereby, the application of the Revisionist/Accused/Petitioner for supply of deficit/deficient documents was dismissed and the Ld. Trial Court has framed the charges under Sec. 448/457/380/341 IPC against the petitioner. The petitioner diligently challenged the said Order on Charge dtd. 11/12/2012 through Criminal Revision Petition No. 76 of 2013 on the grounds that the same has evaded, defeated and simulated Sec. 240 of the Cr.P.C. The said Criminal Revision Petition No. 76 of 2013, titled Vijay Kumar Agarwal v State, was dismissed by the learned ASJ vide order dtd. 7/10/2013 considering that this conduct of the accused has led to the wastage of precious time of the courts.