RAJVEER SHARMA vs DEVENDER CHAUDHARY

Judgment text excerpt

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 17.02.2025 + CRL.M.C. 1088/2025 & CRL.M.A. 4992/2025 CRL.M.A. 4993/2025 RAJVEER SHARMA .....Petitioner Through: Mr. Niraj Kumar Jha, Adv. versus DEVENDER CHAUDHARY .....Respondent Through: None CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA ORDER MANMEET PRITAM SINGH ARORA, J (ORAL): 1. This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. “i) Set aside the order dated 14.01.2025 arising out of Criminal Revision Petition No. 35 OF 2025 before Sh. Dr. Tarun Sahrawat, ASJ + Spl. Judge (NDPS), South East District, Saket Court, New Delhi; and/or ii) Set aside the order dated 21.10.2024 and Allow the Petitioner ’s application for recalling the respondent for cross-examination in CT Case No. 637640/2016 before the Court of Sh. Abhitesh Kumar, Ld. JMFC (NI ACT) – 01, SOUTH EAST, SAKET COURT;” (Emphasis Supplied) 2. Learned counsel for the Petitioner states that it is a matter of record that the Petitioner herein (accused) was granted an opportunity to cross- examine the complainant on 07.03.2022 and the matter was fixed for the said purpose on 25.05.2022. Signature Not Verified Signed By:HEMANT PRATAP SINGH CRL.M.C. 1088/2025 Page 1 of 5 Signing Date:20.02.2025 11:38:13 3. He further admits that when the matter was put up for hearing on 25.05.2022, the Trial Court has correctly recorded that there was none present to cross-examine the Complainant and, therefore, right of accused to cross-examine the Complainant was closed. 4. He states that he is unable to explain under what circumstances the application under Section 311 of the Code of Criminal Procedure (Cr.P.C) seeking to recall the said order i.e. 25.05.2022 was filed before the Trial Courts on 21.10.202