ASHOK MALHOTRA Vs. STATE

JUDGEMENT

(1.) The petitioner has filed the present petition impugning an order dated 04.06.2018 (hereafter 'the impugned order') passed by the learned District and Sessions Judge, Shahdara District, Karkardooma Courts, Delhi in Criminal Appeal No. 1230/2016.

(2.) Respondent no.2 (the complainant) had stated that the petitioner, who is the elder brother of the complainant's husband (jeth) lived on the first floor of the property bearing House No. 1/6896, East Rohtash Nagar, Shahdara, Delhi - 110031. She had stated that the petitioner desired to live on the ground floor of the said property and wanted the complainant and her family to leave the said property. She alleged that in the aforesaid context, on 02.07.2006 at about 11:45 a.m., the petitioner had hurled abuses at her and had hit the complainant on her face (below her left eye) with a GI Pipe (iron pipe). She had stated that this was informed to the police and the complainant and her husband were taken by the police to GTB Hospital for a medical examination. An FIR (bearing FIR No. 295/2006 under Section 325 of the IPC) regarding the said incident was registered with PS Shahdara and a case was sent to trial.

(3.) The Trial Court, by an order dated 28.09.2010, framed a charge against the petitioner for the commission of an offence under Section 323 of the IPC.