MOHAN LAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is the third round of litigation before this Court by the petitioner after registration of FIR No.302/2008 under Sections 354/323/506 IPC at PS Mukherjee Nagar registered on the complaint of respondent No.2 pursuant to directions under Section 156(3) Cr.P.C.

(2.) The petitioner filed CRl.M.C.2472/2011 seeking quashing of above- noted FIR on merits. The said petition was disposed of by this Court vide order 10th December, 2013 granting liberty to the petitioner to urge the pleas taken in the petition before the Trial Court at the stage of hearing on the point of charge and directions were issued to the learned Trial Court to deal with the pleas raised by the petitioner by passing a speaking and reasoned order. The petitioner was also exempted from personal appearance before the Trial Court till the arguments on the point of framing of charge are heard, provided he was duly represented by a counsel who did not seek an adjournment and in case the proceedings were got delayed before the Trial Court, the benefit of exemption from personal appearance was to be withdrawn.

(3.) Petitioner filed a second petition before this Court under Section 482 Cr.P.C. being Crl.M.C. 3812/2014 seeking quashing of the charge-sheet dated 16th March, 2010 filed in FIR No.302/2008 at PS Mukherjee Nagar. Noting the earlier order, this Court held that though arguments on charge were heard at length, however reasoned and speaking order was not passed by the learned Trial Court dealing with the contentions of the petitioner. Thus the petition filed by the petitioner being Crl.M.C. 3812/2014 was allowed and the order directing framing charge for offences punishable under Section 323/354/506 IPC was set aside on 29th January, 2015.