SUNIL DABAS vs STATE (THE NCT OF DELHI)

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 24th March, 2025 + CRL.M.C. 227/2018 SUNIL DABAS S/0 LATE SH. DAYANAND R/0 H.NO. 115,RANIKHERA, NEW DELHI-110081 .....Petitioner Through: Mr. K.K.Manan, Sr. Advocate with Ms. Uditi Bail, Mr. Karmanya Singh Choudhary, Ms. Savita Sethi, Ms. Yakshi Kataria and Ms. Nandini Ohri, Advocates Versus 1. STATE (THE NCT OF DELHI) .....Respondent No.1 2. CHINTADEVI W/O LATE SH. GHANSHYAM PRASAD R/O H.NO. D-129, PARVESH NAGAR, MUBARAKPUR, DELHI .....Respondent No.2. Through: Mr. Yudhvir Singh Chauhan, APP for the State with Insp. Jitender Joshi, P.S.Aman Vihar and ACP, Rajender Prasad, Traffic. Mr. Satish Kumar Tripathi, Adv. for R-2 along with R-2 in person. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. The present Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’ hereinafter) has been filed seeking quashing of Order dated 09.06.2017, whereby Petitioner has been summoned for Signature Not Verified Digitally Signed By:VIKAS ARORA Signing Date:26.03.2025 CRL.M.C. 227/2018 Page 1 of 9 17:56:40 commission of offence under Section 302 of the Indian Penal Code, 1860 (‘IPC’ hereinafter) read with Section 120B IPC, by the learned Additional Session Judge under Section 391 Cr.P.C. in case FIR No.1412/2015, under Section 302 IPC read with Sections 25/27 Arms Act, 1959, Police Station Aman Vihar, Delhi. 2. Briefly stated, on 12.11.2015 on the information received through a PCR call that a man has been shot at Mubarakpur, Parvesh Nagar, Kirari, the present FIR was registered under S.302 IPC read with Sections 25/27 Arms Act, 1959, Police Station Aman Vihar, Delhi. 3. Investigation was conducted and thereafter, Charge-Sheet was filed in the Court on 07.02.2016 against two a