THE STATE GOVT OF NCT OF DELHI vs HITESH KUMAR & ANR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 04th December, 2025 Pronounced on: 18th February, 2026 + CRL.L.P. 380/2017, CRL.M.A. 10819/2017 THE STATE GOVT. OF NCT OF DELHI .....Petitioner Through: Mr. Utkarsh, APP for the State versus 1. HITESH KUMAR Son of Hemant Kumar, R/o 7/6345, Dev Nagar, Padam Singh Road, Karol Bagh, New Delhi-110005. 2. PRAMOD TYAGI Son of Vijay Pal Tyagi, R/o 25/3872, Raggerpura, Karol Bagh, New Delhi-110005. 3. AMIT KUMAR Son of Jawahar Lal, R/o House No.10816, Call No.4, 10-A Block, W.E.A. Karol Bagh, New Delhi-110005. 4. ALOK HANDA @ KUKKI S/o Vinay Handa, R/o F-196, Mansarover Garden, Near Water Tank, Delhi-110015. .....Respondents Through: Mr. Rakesh Malhotra (through VC), Ms. Gayatri Bhatia and Mr. Tanuj, Advocates for R-1 & R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA Signature Not Verified Signed By:VIKAS CRL.A.__ /2026 (to be numbered) Page 1 of 12 ARORA Signing Date:19.02.2026 16:36:03 J U D G M E N T NEENA BANSAL KRISHNA, J. CRL.L.P. 380/2017 1. Criminal Leave Petition under Section 378(1) of the Code of Criminal Procedure, 1973 has been filed on behalf of the Petitioner, against the Judgment and Order dated 30.05.2016 passed by the Learned ASJ whereby the Accused in the Complaint filed by the Petitioner, has been acquitted for the Offences under Section 395/397/427/412/34 IPC, in FIR No. 0087/2010, P.S. Mandir Marg. 2. The Leave to Appeal is sought on the grounds that the Impugned Judgment is contrary to the material evidence on record and suffers from illegality, arbitrariness and misappreciation of evidence, resulting in miscarriage of justice. 3. The Ld. Trial Court erred in holding that the Offence under Section 395 IPC was not made out merely because Respondent No. 5 had earlier been discharged, ignoring the