Order 4

Order Details: COPY OF ORDER
Pdf Text: SC No. 321/23
FIR No. 273/21
PS GTB Enclave
U/s 302/307/120-B/201/147/
148/149/34 IPC
State Vs. Vicky and Ors.
05.04.2024
Present : Sh. Parmod Kumar, Ld. Addl. PP for the State.
All accused produced from JC.
Sh. Shailendra Singh, Ld. Counsel for all accused
persons except accused Nitin.
Sh. B.P. Sharma, Ld. Counsel for accused Nitin.
IOs /Insp. Ashwani and Insp. Devender Dahiya in
person.
IO/Insp. Jitender Rana not present despite execution
of BWs.
However, a written intimation has been received on
his behalf, wherein it has been mentioned that he has to appear in
a matter before the Hon'ble High Court of Delhi today.
Exemption is allowed for today only. Issue B/Ws afresh in the
sum of Rs.5000/- against him to be executed through SHO for
NDOH.
Otherwise, this matter is fixed for consideration on
the point of charge today.
Ld. Addl. PP for the State has stated that there is
sufficient material on record to frame charges against the accused
persons i.e. Vicky, Rocky, Rohit @ Bunty, Nicky, Sewa Ram,
Sachin @ Moti Budhi, Nitin @ Rahul, Devi Chand and Maya
for the offences u/s 302/307 r/w S.149 IPC r/w S.120-B/147/
contd.,
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148/201 IPC and in addition to this, there is sufficient material on
record to frame charge against the accused persons i.e. Vicky,
Rocky, Rohit @ Bunty, Nicky for the offences u/s 27 A. Act.
Per contra, Ld. Counsels for accused persons have
objected by stating that accused persons have been falsely
implicated and there is no evidence on record to frame charge
against the accused persons. Thus, they are entitled to be
discharged.
Submissions heard. Record perused.
Perusal of the record reveals that specific allegations
have been levelled against the accused persons of having
committed the alleged offence and the same seems to be
supported by the statement of other witnesses and the material
otherwise placed on record, which gives rise to a strong suspicion
against the accused. Therefore, this court is of the view that
prima facie offences u/s 302/307 r/w S.149 IPC r/w S.120-
B/147/148/201 IPC are made out against the accused persons i.e.
Vicky, Rocky, Rohit @ Bunty, Nicky, Sewa Ram, Sachin @ Moti
Budhi, Nitin @ Rahul, Devi Chand and Maya and in addition to
this, offence u/s 27 A. Act is also made out against the accused
persons i.e. Vicky, Rocky, Rohit @ Bunty and Nicky.
Accordingly, charges are framed, to which accused persons have
pleaded not guilty and claimed trial.
Put up this matter for PE on 20.05.2024.
Complainant along with Duty Officer be summoned for NDOH.
Issue notice to IO/ Insp. Devender Dahiya to appear
in person before this court on NDOH.
(Vineet Kumar)
ASJ-02/E-Court (Shahdara)
KKD/Delhi/05.04.2024
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