Wahid Khan & Ors vs State (N.C.T. Of Delhi)
2008 Latest Caselaw 1051 Del

*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                          Crl.Rev.P No.876-79/2006

%                          Date of Decision : 16.07.2008


Wahid Khan & Ors                               ....... Petitioners
                Through:           None.


                                     Versus


State (N.C.T. of Delhi)                            ......... Respondent
                   Through :       Mr.Amit Sharma, APP for the State.


CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR

    1. Whether reporters of Local papers may               YES
       be allowed to see the judgment?
    2. To be referred to the reporter or not?              NO
    3. Whether the judgment should be reported             NO
       in the Digest?


ANIL KUMAR, J.

*

No one was present on behalf of petitioner and the matter

was passed over. Even after pass over no one is present.

No one had been present even on 21st November, 2007 and

21st April, 2008.

The entire record has been perused and the arguments

have been heard on behalf of learned Additional Public Prosecutor.

The petitioner has impugned the order dated 26th October,

2006 dismissing the objections of the petitioner to framing of charge.

While disposing of the objections to framing of charge the Sessions

Court has categorically observed that the plea of self defence or the plea

of alibi are matters of defence which cannot be raised at the stage of

arguments on charge nor such pleas can be considered nor the charge

can be modified on account of the plea of self defence or the plea of

alibi.

Considering the facts and circumstances there is no

illegality or apparent error so as to entail interference by this Court in

the petition filed against the order dated 26th October, 2006 dismissing

the objections of the petitioner to framing of charge. The revision

petition is without any merit and it is, therefore, dismissed.

July 16, 2008                                      ANIL KUMAR, J.
'K'