VIRENDER SINGH vs STATE (GOVT OF NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 28th February, 2025 + CRL.REV.P. 94/2015 & CRL.M.As. 2219/2015, 20137/2017 VIRENDER SINGH .....Petitioner Through: Mr. Satyam Thareja, Mr. Shaurya Kathoch and Ms. Vasundhara Nagrath, Advocates. versus STATE (GOVT OF NCT OF DELHI) .....Respondent Through: Mr. Raghuinder Verma, APP for the State CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The present petition has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [currently Section 442 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)], challenging the order dated 12th December, 2014 (hereinafter “impugned order”) passed by the learned Additional Sessions Judge, Shahdara District, Karkardooma Courts, New Delhi (hereinafter “ASJ”) whereby the learned ASJ set aside the order dated 20th July, 2013 passed by the learned Chief Metropolitan Magistrate, Shahdara District, Karkardooma Courts, Delhi (hereinafter “Trial Court/CMM”), by which proceedings against the petitioner in case FIR No. 274/2010 under Sections 279/304A of the Indian Penal Code, 1860 Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR CRL.REV.P. 94/2015 Page 1 of 27 Signing Date:01.03.2025 16:44:03 (hereinafter “IPC) registered at Police Station Vivek Vihar, Delhi had been stopped. 2. On 3rd December, 2010 at around 2:49 PM, information was received through PCR call recorded as DD No. 17A at Police Station Vivek Vihar, Delhi reporting an accident opposite Deepak Petrol Pump, Road No. 56, Seemapuri, Delhi involving a motorcycle driven by the victim bearing registration number DL-7SAN-5335, and a DTC Recovery Van bearing number DL-1PB-2281, which was a