RAM SWAROOP GUPTA & ORS. vs STATE NCT OF DELHI & ANR.

Judgment text excerpt

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.01.2026 + CRL.M.C. 537/2026, CRL.M.A. 2162/2026 & CRL.M.A. 2161/2026 RAM SWAROOP GUPTA & ORS. .....Petitioners Through: Mr. Ajatshatru Singh Rawat and Ms. Naimishi Verma, Advocates versus STATE NCT OF DELHI & ANR. .....Respondents Through: Mr. Sanjeev Sabharwal, APP for the State CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioners/accused seek setting aside of order dated 28.08.2024 of learned trial court, whereby their application under Section 311 CrPC for recall of PW-1 Jagmohan Gupta for further cross-examination was dismissed. 2. Learned APP for State accepts notice. Mr. Jagmohan Gupta also has been impleaded in the present petition as respondent no. 2 but learned counsel for petitioners/accused submits that same was done only out of abundant precaution and otherwise, he is not a necessary party, it being a CRL.M.C. 537/2026 Page 1 of 4 pages Digitally signed by GIRISH KATHPALIA GIRISH DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569a f3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, KATHPALIA st=Delhi, serialNumber=d3e86796451ec45c07b5d1557099 6b40f80cbd2eee60402c487965ff801e26fa, Signature Not Verified cn=GIRISH KATHPALIA Date: 2026.01.21 18:09:16 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:21.01.2026 18:09:13 State case. As requested, respondent no. 2 is deleted from the array of parties. 3. Learned APP for State in all fairness does not oppose this petition on account of following discussion. 4. Ordinarily, dismissal of an application under Section 348 of BNSS (earlier Section 311 CrPC) being an interlocutory order, the revision petition would be barred by Section 438(2) of BNSS [earlier Section 397(