VIRENDER KUMAR AND ORS vs STATE NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 25.02.2025 + CRL.REV.P. 1069/2024 & CRL.M.A. 25608/2024 VIRENDER KUMAR AND ORS. .....Petitioners Through: Mr. Aditya Kashyap, Advocate for petitioner no. 1 Mr. Sundaram Ojha, Mr. Abhishek Ranjan and Mr. Nikhil Kumar, Advocates for petitioner no. 2 versus STATE NCT OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State with SI K. L. Kuldeep no. D-6712, PS Kashmere Gate CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J 1. The present revision petition under Section 428 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter ‘BNSS’] has been preferred on behalf of the petitioners, seeking setting aside of the impugned judgment dated 21.08.2024 passed by the learned Additional Sessions Judge-05, Central District, Tis Hazari Courts, Delhi [hereafter „Appellate Court‟] in Criminal CRL.REV.P. 1069/2024 Page 1 of 16 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:25.02.2025 19:25:40 Appeal No. 49/2023, whereby the learned Appellate Court had upheld the judgment dated 17.11.2022 and the order on sentence dated 21.01.2023 passed by the learned Metropolitan Magistrate-07, Central, Tis Hazari Courts, Delhi [hereafter „Trial Court‟] in CNR No. DLCT02-000329-2006, arising out of FIR No. 373/2004, dated 04.08.2004, registered at Police Station Kashmere Gate, Delhi, for offences punishable under Sections 186/353/332/506/34 of the Indian Penal Code, 1860 [hereafter „IPC‟]. 2. The prosecution‟s case is that on 04.08.2004, Constable Mahesh Kumar (the complainant/ victim), posted in the Civil Lines Circle of the Traffic Unit, was on official duty at Pul Dafrin along with Head Constable Gajender Kumar, from 8:00 AM to 8:00