VIKASH KUMAR vs STATE NCT OF DELHI

Judgment text excerpt

$~A-2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 27th JANUARY, 2025 IN THE MATTER OF: + CRL.M.C. 4891/2024 VIKASH KUMAR .....Petitioner Through: Mr. Rishabh Jain, Mr. Chander Vardhan, Mr. Himanshu Bhardwaj, Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP with Mr. Kausar Shakeel, Advocate. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD JUDGMENT (ORAL) CRL.M.A. 38226/2024 1. The State seeks recall of the Order dated 01.07.2024, passed by this Court whereby this Court has quashed FIR No.591/2023 dated 05.09.2023 registered at Police Station Bindapur for an offence under Section 3 of the Delhi Prevention of Defacement of Public Property Act, 2007. A perusal of the Order dated 01.07.2024 shows that the said Order was passed in light of the judgment passed by the Apex Court in Mohan Lal v. State of Punjab, (2018) 17 SCC 627. 2. In the present application, it has been pointed out by the Respondent/State that the judgment passed by the Apex Court in Mohan Lal (supra) has been over-ruled by a Bench of five Judges of the Apex Court in Mukesh Singh v. State (NCB), (2020) 10 SCC 120. It is, therefore, the case Signature Not Verified Digitally Signed By:RAHUL SINGH CRL.M.C. 4891/2024 Page 1 of 6 Signing Date:12.02.2025 15:44:08 of the State that the Order dated 01.07.2024, which was passed in light of the Judgment passed by the Apex Court in Mohan Lal (supra), which stands over-ruled by the Apex Court, be recalled and restored to its original number as the said Order is per incuriam. It is further stated by the learned APP that the present application is not barred by Section 362 Cr.P.C as the relief sought in the present application is only for recall of the entire Order dated 01.07.2024. He states that at the time of passing the Ord