KHUSHWANT SINGH @ SHEEBY KOHLI Vs. STATE

JUDGEMENT

(1.) Crl.M.A.13145/2017 Exemption allowed, subject to all just exceptions.

(2.) The application is disposed of. CRL.REV.P. 603/2017 The petitioner has invoked the revisional jurisdiction of this Court under Section 397 & 401 Cr.P.C. for seeking his discharge in case FIR No.707/2015, under Section 328/376/506 IPC, PS Hari Nagar and the inherent power vested in this Court under Section 482 Cr.P.C. for quashing the above criminal proceedings initiated against him. 2. Mr. Mohit Mathur, learned Senior Advocate submitted that in view of the decision of the Supreme Court in Rukmini Narvekar v. Vijaya Satardekar and Ors. (2008) 14 SCC 1, in exercise of its inherent power under Section 482 Cr.P.C. this Court can examine the material produced by the defence which demonstrates that the whole prosecution in this case is based on a concocted story.

(3.) Mr. Mohit Mathur, learned Senior Advocate also placed reliance on decision of Hon'ble Supreme Court in Dilawar Balu Kurane v. State of Maharashtra AIR 2002 SC 564 submitting that if two views are equally possible the benefit should be extended to the accused.