Om Prakash Miglani And Anr. vs State
2004 Latest Caselaw 738 Del

ORDER

S.K. Agarwal, J.

Crl. Revision Petition 442 of 2004 & Crl. M. 6448 & 6450 of 2004:

1. By this petition under Sections 397/401 read with Section 482, Cr.P.C petitioner is challenging the order dated 15.12.2003, passed by the Court of learned ACMM, Karkardooma, Delhi, framing charges against the petitioner for the offences under Sections 186/333/353/34, IPC. Learned Counsel for the petitioners argued that the charge under Section 333, IPC, of voluntarily causing grievous hurt to deter public servant from his duty provides for punishment with imprisonment of either description for a term which may extend to ten years, is exclusively friable by the Court of Sessions and the learned ACMM ought to have committed the case to the Court of Sessions under Section 209, Cr.P.C. Learned APP for the State does not contest the above legal position.

2. In view of the above, order dated 15.12.2003 is set aside and the learned ACMM is directed to commit the case to the Court of Sessions. The learned Additional Sessions Judge shall hear the matter afresh and pass appropriate orders in accordance with law.

3. Any observations made herein would not affect the merits of the case during trial.

Petition stands disposal of. dusty.