NAND KISHOR vs STATE & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 27th March, 2025 Pronounced on:1st April, 2025 + CRL.M.C. 1704/2017, CRL.M.A. 6908/2017 (stay) NAND KISHOR S/o Sh.Babu Lal E-2/1, Phase I Budh Vihar, Delhi 110086 .....Petitioner Through: Mr. Mohd. Shamikh and Mr. Mohd. Javed, Advocates. Versus 1. STATE .....Respondent No.1. 2. Hari Singh Yadav S/o late Sh, Pyarelal R/o C-2/8 Budh Vihar Phase-I, Delhi .....Respondent No.2. Through: Mr. Digam Singh Dagar, Ld. APP for the State with Insp. Susheel Kumar and SI Rajesh Kumar P.S. Vijay Vihar. Ms. Babita Ahlawat, Advocate for R- 2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’ hereinafter) has been filed on behalf of the Petitioner/father of the deceased to conduct the DNA test from the clothes of the deceased and of Signature Not Verified Digitally Signed By:VIKAS ARORA CRL.M.C. 1704/2017 Page 1 of 9 Signing Date:01.04.2025 18:37:25 accused Hari Singh Yadav @ M.P in case FIR No.260/2013 under Section 307/302/34 of the Indian Penal Code, 1860 (‘IPC’ hereinafter), P.S.Vijay Nagar, Delhi. 2. It is submitted that the aforesaid FIR 260/2013 was registered on the DD No.55B dated 18.05.2013 about a person having been injured. Subsequently, on 23.05.2015 injured Vikram died and Section 302 IPC was added. The accused Hari Singh Yadav @ M.P was arrested on 19.05.2013 at the pointing out of the brother of the deceased. 3. The Charge Sheet was filed and Charges framed after which the entire Prosecution evidence has been recorded. The case is pending before the learned Sessions Judge, at the stage of final arguments. 4. At this stage of Final arguments, Application under Section 293(4)(f) Cr.P.C read with Secti