KAILASH KAPOOR Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS petition is to assail the charge dated 20th January, 2004 framed by the Metropolitan Magistrate and also the impugned order rendered by the Additional Sessions Judge, Delhi in a revision petition dated 16th April, 2004. The petitioner was prosecuted for commission of offence punishable under Section 506, IPC read with Section 34 as other accused forcommirting such offence were also there. The charge as framed by the Metropolitan Magistrate reads as under:

(2.) THIS is a case which relates to the year 1999. Charges were framed on 20th January, 2003. The petitioner despite being not named in the statement of the eye witnesses is facing trial for so many years result of which is obviously known to the prosecution against the petitioner. It is a fit case where this Court must exercise its inherent power vested under Section 482, Cr.P.C. to quash the FIR as not exercising such powers for the petitioner would amount to denial of justice to him particularly when there is lack of evidence to prove his case. For all these reasons, the charges as framed against the petitioner are quashed. THIS also results in setting aside the impugned order passed by the Additional Sessions Judge in a revision petition. Petition allowed.