STATE vs ARUN KUMAR & ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 30th June, 2025 + CRL.A.557/2025 STATE OF NCT OF DELHI .....Petitioner Through: Mr. Yudhvir Singh Chauhan, Additional Public Prosecutor for State with SI Neeraj Kumar Versus 1. Arun Kumar S/o Sh. Babu Ram R/o 258/271, Gali No. 4, Nala Road, Kapil Vihar, Mukund Pur, Delhi 2. Imran @ Amit S/o Shri Yusuf Khan R/o H. No. M-718, JJ Colony, Shakurpur, Delhi 3. Hemant @ Hanumant S/o Sh. Bhagwan Dass R/o M-504, JJ Colony, Shakurpur, Delhi ....Respondents Through: Mr. Sulaiman Mohd. Khan, Adv. (amicus curiae) with Mr. Gopeshwar Singh Chandel, Mr. Taiba Khan and Mr. Abdul Bari Khan, Advts. for R-2 and R-3. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T CRL.A.557/2025 Page 1 of 16 Signature Not Verified Signed By:RITA SHARMA Signing Date:04.07.2025 18:31:50 NEENA BANSAL KRISHNA, J. CRL.A. 557/2025 1. Appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the “Cr.P.C.”) has been filed by the State against the judgment dated 13.02.2017 vide which the Respondents have been acquitted in FIR No. 0355/2013 under Sections 392/397/34 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”) at P.S. Subhash Place. 2. Briefly stated, the case of the Prosecution is that on 17.08.2013, the Complainant/Dalbir Singh while going for his duty to the PM Security Cell, at about 5.32 AM, reached near HP Petrol Pump after crossing the Wazirpur flyover. One motorcycle came from behind, which was being driven by Imran @ Amit with Afsaroon Choudhary sitting as a pillion rider, and was plying parallel to him. The pillion rider asked him „bhai sahab kaha ja rahe ho‟ to which, he replied he was going for his duty. 3. In the meanwhile, this motorcycle came in front of his motorcyc