Full Judgment Text
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
DECIDED ON : MAY 04, 2017
+ CRL.M.C. 451/2016 & Crl.M.A.1891/2016
PARTH CHAUDHARY & ANR. ..... Petitioners
Through : Mr.S.N.Bhardwaj, Advocate.
versus
STATE GOVT OF NCT OF DELHI ..... Respondent
Through : Ms.Manjeet Arya, APP.
CORAM:
HON'BLE MR. JUSTICE S.P.GARG
S.P.GARG, J. (ORAL)
Crl.M.A.1892/2016
1. For the reasons mentioned in the application, the delay in filing
the petition is condoned.
2. The application stands disposed of.
CRL.M.C. 451/2016 & Crl.M.A.1891/2016
3. Present petition under Section 482 Cr.P.C. has been preferred
by the petitioners for quashing of FIR No.84/2010 registered under Sections
186/353/332/34 IPC at Police Station Inder Puri. Prayer has also been made
to set aside order dated 18.8.2015 of learned Metropolitan Magistrate.
Status report is on record.
Crl.M.C.451/2016 Page 1 of 2
4. I have heard the learned counsel for the parties and have
examined the file. During the course of arguments, learned counsel for the
petitioners, on instructions, opted to give up relief regarding quashing of the
FIR on merits.
5. Trial Court record reveals that the defence witnesses have been
examined before recording of the statements of the accused persons under
Section 313 Cr.P.C. By an order dated 7.4.2015, the case was adjourned for
recording statements of the accused persons on 18.8.2015. On 18.8.2015,
instead of recording statement of the accused persons under Section 313
Cr.P.C., the learned Trial Court proceeded to record the statement of the
defence witnesses DW-1 (Ramji Lal) and DW-2 (Raju). Apparently, there is
a lapse on the part of the Trial Court to examine the defence witnesses
without examining the accused persons under Section 313 Cr.P.C. The
order dated 18.8.2015 thus cannot be sustained and is set aside.
6. The Trial Court shall first record the statements of the accused
persons under Section 313 Cr.P.C. and shall examine the defence witnesses
(if any) thereafter.
7. The petition stands disposed of in the above terms. All pending
application(s) also stand dispose of.
8. Trial Court record be sent back forthwith along with the copy of
the order.
(S.P.GARG)
JUDGE
MAY 04, 2017/s a
Crl.M.C.451/2016 Page 2 of 2