PREM NATH KAPOOR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) BY this petition under Section 482 of the Code of Criminal Procedure, 1973 ("CrPC") the Petitioner challenges an order dated 28th January 2008 passed by the learned Metropolitan Magistrate ("MM"), Delhi in FIR No. 479 of 1988 whereby an application filed by the prosecution under Section 311 CrPC for recalling certain witnesses was allowed. The Petitioner also challenges an order dated 13th March 2008 passed by the learned Additional Sessions Judge ("ASJ"), Delhi dismissing the Petitioner's Revision Petition No. 229 of 2008 thereby affirming the order dated 28th January 2008 passed by the learned MM.

(2.) THE aforementioned FIR was registered in the year 1988 against the Petitioner at the instance of Shri Raj Kapoor, who is related to the Petitioner, alleging commission of offence under Section 325 read with 34 of the Indian Penal Code ("IPC?). It appears that the allegation was that the Petitioner, who is the uncle of the complainant, had an altercation with him with regard to a property dispute and thereby assaulted him.

(3.) IT appears that in the meanwhile as regards the accused No.2 Rakesh Bedi, the complainant arrived at a settlement and the offence in relation to accused No.2 was compounded by an order dated 19th December 2007 passed by the learned MM. The learned MM directed the case to be listed on 10th January 2008 for final arguments as regards the case against the Petitioner herein.