Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: SC No.38/2024
STATE Vs. DHARMPAL etc.
FIR No.139 /2023
PS (Sonia Vihar)
01.04.2024
Present: Sh. Masood Ahmad, Ld. Chief PP for the State.
Both accused on bail.
Sh. Sagar Bhardwaj, Advocate for both the accused.
Arguments on charge heard.
Record perused.
The case of the prosecution is that on 17.03.2023, at
about 8.30 pm, in front of G-5/339, Gali No.14, 5th Pusta, Sonia
Vihar, Delhi, a quarrel took place between the accused persons
and the brother of the complainant Chitra Singh Rawat regarding
feeding of stray dogs outside the house of the accused persons. It
is further the case of the prosecution that accused Dharampal
instigated his son Nishant @ Bholu to hit a pot/gamla on the head
of Chitra Singh Rawat and on his instigation, accused Nishant @
Bholu threw a pot/gamla from his roof which hit on the head of
Chitra Singh Rawat and thereby, both the accused in furtherance
of their common intention caused grievous hurt to him on his
head.
Ld. Counsel for the accused persons stated that the
accused persons have been falsely implicated in this case. It is
further stated that accused persons have not committed any
offence. It is further prayed that accused persons be discharged
from the present case.
contd2/…
-- 1 of 2 --
- 2 -
Ld. Chief PP for the State submitted that there is
sufficient material on record to frame the charge against both the
accused persons.
In view of the above allegations and considering the
material on record including the MLC of the injured dated
17.03.2023 and the statement of witnesses recorded under section
161 CrPC, I am of the opinion that there is sufficient material for
framing charge against accused persons Dharampal and Nishant
@ Bholu. Therefore, case for framing of charge for commission
of offence punishable under section 308/34 IPC is made out
against accused Dharampal and Nishant @ Bholu.
Accordingly, charge for offence punishable under
section 308/34 IPC is framed against accused Dharampal and
Nishant @ Bholu to which they pleaded not guilty and claimed
trial.
Now to come up on 20.05.2024 for prosecution
evidence.
Witnesses Balvir Singh Rawat, Chitra Singh Rawat,
duty officer ASI Krishan Pal and IO alongwith MHC(M) be
summoned for the next date.
(SARITA BIRBAL)
Principal District & Sessions Judge/N-E/
Karkardooma Courts/Delhi/01.04.2024
-- 2 of 2 --