Partly allowed

Raj Kumar Kapoor v. Vijay Juneja

Delhi HC10 Dec 2024CRL.A./305/2023

Case brief

AI extract

What is this about?

The High Court of Delhi disposed of three applications. In the substitution application, legal heirs were brought on record. In the appeal, the court directed that pending future proceedings be adjudicated on merits ignoring specific prior observations, and disposed of the appeal with contentions left open.

What did the court decide?

Direction given that FIR investigation and civil suit trial be adjudicated on merits ignoring para 7 of impugned order; appeal disposed of with contentions left open.

Raj Kumar Kapoor Vs Vijay Juneja — Criminal Trial and Appeal | Delhi HC (2024)

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$~44

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.A. 305/2023, CRL.M.A. 24052/2023, CRL.M.A. 29712/2023, CRL.M.A. 5519/2024 & CRL.M.A. 5520/2024 RAJ KUMAR KAPOOR .....Appellant Through: Mr. Deepak Biswas, Ms. Ruchika Rathi, Ms. Varsha Agarwal and Mr. Junaid Khan, Advs.

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Versus

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VIJAY JUNEJA .....Respondent Through: Mr. Ajjay Aroraa, Sr. Advocate with Mr. Vansh Luthra, Advocate. CORAM: HON'BLE MR. JUSTICE JASMEET SINGH

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O R D E R % 10.12.2024

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CM No. 29189/2024 (for impleading LRs of the deceased petitioner)

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This is an application filed under section 482 of Code of Criminal Procedure, 1973 seeking impleadment/substitution of the Legal heirs of the deceased appellant as parties in place of the deceased Appellant.

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Mr. Aroraa, learned senior counsel, on instructions, states that has no objection if the application is allowed and the legal heirs of the appellant are brought on record.

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For the said reasons, the application is allowed and the legal heirs of the appellant are brought on record.

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The application is disposed of.

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CRL.A. 305/2023

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 06:31:02

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This is an appeal filed under section 341 of Code of Criminal Procedure, 1973 seeking to set aside the impugned order dated 13.01.2023 passed by the learned ADJ-07, South-East District, Saket Courts, Delhi, whereby the application filed by the appellant under Section 340 of Code of Criminal Procedure, 1973 has been dismissed.

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Mr. Biswas, learned counsel for the appellant states that the appellant has already filed an application under Section 156(3) of Code of Criminal Procedure, 1973 and it has already been directed that an FIR will be registered against the respondent. However, the findings recorded in the impugned order dated 13.01.2023 and more particularly, in para 7 will come in the way of an effective adjudication of the investigation against the respondent and also in the trial of the civil suit filed by the appellant bearing no. CS/DJ/78/2022 pending before the learned ADJ-04, South-East District, Saket Courts, Delhi.

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Mr. Aroraa, learned senior counsel, on instructions, states that he has no objection if the subsequent proceedings i.e. the investigation in the FIR and the trial of the civil suit, is adjudicated on its merits without having regard to the observations made in para 7 of the impugned order dated 13.01.2023.

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Taking his statement on record, it is directed that the investigation in the FIR as well as the proceedings in the trial of the civil suit will not be influenced by the observations made in para 7 of the impugned order and shall be adjudicated on its own merits.

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In this view of the matter, the appeal including the pendng applications, if any stands disposed of leaving all the contentions of the parties left open to be adjudicated in the FIR and the civil suit.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 06:31:02

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Further dates in the matter stands cancelled.

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JASMEET SINGH, J

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DECEMBER 10, 2024/ akc

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Raj Kumar Kapoor v. Vijay Juneja

Case brief

What is this about?

What did the court decide?

Raj Kumar Kapoor v. Vijay Juneja

Case brief

What is this about?

What did the court decide?

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