Ritesh Tiwari v. State & Anr.
Case brief
What is this about?
The High Court allowed a petition under Section 482 Cr.P.C., remitting a criminal revision petition to the Sessions court to be decided on merits, with delay condoned, based on joint suggestion of parties.
What did the court decide?
The petition is allowed; criminal revision petition remitted to Sessions Court to be decided on merits with condonation of delay; hearing fixed for 22nd December, 2018.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- CRL.M.C. 4689/2018 & Crl.M.A. 32096/2018 SHRI RITESH TEWARI ..... Petitioner Through: Mr. K. Sunil, Mr. Parth Chaturvedi & Ms. Akshita, Advs.
versus STATE & ANR. ..... Respondents Through: Mr. K.S. Ahuja, APP for the State with SI R.S. Pandit, PS Preet Vihar. Mr. Ravi Sharma, Adv. for R-2.
CORAM: HON'BLE MR. JUSTICE R.K.GAUBA
O R D E R % 03.12.2018
The second respondent, who is the complainant of the criminal complaint case (CC no. 276/2014) from which the present proceedings arise, enters appearance through Mr. Ravi Sharma, Advocate. After some hearing, the learned counsel submits, having taken instructions from the second respondent (complainant) that the petition under Section 482 Cr.P.C. may be allowed remitting the matter arising out of the criminal revision no. 110/2018 to the court of Sessions wherein the said revision petition challenging the summoning order dated 27.04.2015 was thrown out by order dated 23.07.2018 on the question of limitation, his request being that the delay in filing of the revision petition may be condoned in favour of the petitioner and the revision petition may be decided by the said revisional court on merits.
CRL.M.C. 4689/2018
page 1 of 2
Issues for consideration
2 issues framed by the court
Whether the petitioner's request to remit the criminal revision petition to the Sessions court on merits and condone delay should be accepted.
Whether the petition under Section 482 Cr.P.C. should be allowed.
Parties & counsel
- petitioner
Shri Ritesh Tewari
- respondent
State
- respondent
Second Respondent
Coram
Case details
As recorded by the court registry
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