CRL.REV.P./362/2015 of MOHINDER KUMAR VERMA Vs THE STATE ( NCT OF DELHI)

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.REV.P. 362/2015MOHINDER KUMAR VERMA..... Petitioner

..... Petitioner

ThroughMr. S.D. Tiwari, Adv.

versus

THE STATE ( NCT OF DELHI)ThroughMr. M.P. Singh, APP.

..... Respondent

CORAM:HON'BLE MR. JUSTICE ASHUTOSH KUMARO R R%29.06.2015

Crl.M.A.9064/2015

Exemption allowed, subject to just exceptions.

Application is disposed of accordingly.

Crl.Rev.P.362/2015

The petitioner has challenged the orders dated 01.05.2015 and22.06.2015 passed by the learned Chief Metropolitan Magistrate, TisHazari Courts, Delhi, in complaint case no.307/2001 (titled as CourtComplaint vs. Mahender Kumar Verma).Perusal of the aforesaidorders would reveal that despite the Revisional Court order dated29.04.2015, no opportunity was given to the petitioner to get himselfexamined as defence witness.

Be it noted that the prayer made by the petitioner under Section315 Cr.P.C. was allowed by the Court below on 01.07.2014.Thereafter, the Revisional court, on finding that no opportunity was

given to the applicant to examine himself as defence witness,directed the court below to give atleast one effective opportunity tothe petitioner to get himself examined as defence witness. After thatorder, when the matter was taken up by the learned ChiefMetropolitan Magistrate, instead of providing such opportunity to thepetitioner, posted the case for final arguments on 22.06.2015.On22.06.2015, an application for transfer of the case from that court tosome other court was filed by the petitioner. Such application wasrejected summarily on the ground that if at all the petitioner wasaggrieved or had apprehensions that he would not get justice, resortcould be had to the specific provision in the law for transfer of casefrom one court to another court.However, without complying withthe orders of the Revisional court, the matter was again fixed for finalarguments on 30.06.2015 by order dated 22.06.2015. Both the ordershave been impugned in present petition.

This court is mindful of the fact that charges were framed in theyear 2005 and the trial of the case has not concluded till date. Be thatas it may, in the interest of justice, the court below i.e. court of thelearned Chief Metropolitan Magistrate, Tis Hazari Courts is directedto provide one opportunity to the petitioner to get himself examinedas defence witness. It is also made clear that if the petitioner doesnot avail of such an opportunity, it would not be open to him toagitate the same matter again.

The Chief Metropolitan Magistrate should have been morecareful in perusing the order passed by the Revisional court whichwas clear and unambiguous.

The court below is directed to allow the petitioner to havehimself examined as defence witness on the next date i.e.30.06.2015.

The orders dated 01.05.2015 and 22.06.2015 are modifiedaccordingly.

The application stands allowed.

Copy of the order be given dasti under the signature of theCourt Master.

Crl.M.A. 9133/2015

The application has become infructuous.

Dismissed as infructuous.

JUNE 29, 2015/ab

ASHUTOSH KUMAR, J