PRAKASH LAL KHERA vs STATE & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:02nd April, 2025 + CRL.M.C. 2700/2017 PRAKASH LAL KHERA Ex. SHO, P.S. Ashok Vihar, New Delhi S/o Late Sh. J.N. Khera R/o 216, Tagore Park, Model Town-I, Delhi-110009. .....Petitioner Through: Mr. Rajiv Mohan & Mr. Sachit Sharma, Advocates. versus 1. STATE GNCT of Delhi Through Standing Counsel Chamber No. 442, Delhi High Court, New Delhi 2. MOHD. ILIYAS S/o Sh. A. Hussain R/o Jhuggi No. A-180, Plot No. A-138, Wazirpur Industrial Area, Delhi .....Respondents Through: Mr. Shoaib Haider, APP for State. S.I. Ajay Kumar, PS Ashok Vihar, Delhi. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. Signature Not Verified Digitally Signed CRL.M.C. 2700/2017 Page 1 of 9 By:VIKAS ARORA Signing Date:03.04.2025 18:14:49 1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) has been filed on behalf of the Petitioner, Prakash Lal Khera for quashing of the Order dated 26.10.2016, passed by the Court of learned CMM (North West), Rohini, Delhi, who has summoned the Petitioner for the offence under Section 304A of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) in Complaint Case bearing CC No. 1594/2001. 2. Briefly stated, Respondent No. 2, Mohd. Iliyas filed a Complaint case bearing CC No. 1594/2001 against the Petitioner and two others, for having committed the offence under Section 304A of the IPC. 3. The basic averments made in the Complaint, were that the Respondent No. 2, Mohd. Iliyas was having his Jhuggi bearing Plot No. 138 WPIA, Delhi where he had been residing with his family since 1981. Aside from his Jhuggi, there were various other jhuggis of others, on the said plot. 4. It was contended that the owner of the p