PAWAN GUPTA Vs STATE OF DELHI .
Bench: H.L. DATTU,CHANDRAMAULI KR. PRASAD
Case number: Crl.A. No.-001795-001795 / 2012
Diary number: 3485 / 2011
Advocates: GAURAV AGRAWAL Vs
ANIL KATIYAR
Page 1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1795 OF 2012 (@ SPECIAL LEAVE PETITION (CRL.)NO.960 OF 2011)
PAWAN GUPTA & ORS. APPELLANTS
VERSUS
STATE OF DELHI & ORS. RESPONDENTS
O R D E R
1. Leave granted.
2. We have heard learned counsel for the
parties to the lis.
3. This appeal is directed against the
judgment and order passed by the High Court of
Delhi in Criminal Revision Petition No.643 of
2009, dated 24.01.2011. By the impugned judgment
and order, the High Court, while allowing the
Criminal Revision Petition filed by the private-
respondents, has not only set aside the order
passed by the learned Additional Sessions Judge
in an application filed under Section 311 of the
1
Page 2
Criminal Procedure Code as also the order of
acquittal passed in Sessions Case No.73 of 2008,
dated 19.12.2009.
4. Since we intend to grant permission to
the private-respondents as well as to the State
of NCT of Delhi to prefer appropriate appeal(s)
against the judgment and order passed by the
Sessions Court, which course is not opposed by
the learned counsel, we are not going into the
merits or demerits of the contentions canvassed
by the learned counsel for both the parties,
though we have some reservations on certain
conclusions reached by the High Court in its
order dated 24.01.2011.
5. Accordingly, we allow this appeal and set
aside the impugned judgment and order passed by
the High Court in Criminal Revision Petition
No.643 of 2009, dated 24.01.2011. However, we
reserve liberty to the private-respondents as
well as to the NCT of Delhi, if they so desire,
to prefer appropriate appeal(s) against the
2
Page 3
judgment and order passed by the learned Sessions
Judge in S.C.No.73 of 2008, dated 19.12.2009
within 30 days' time from today. If such an
appeal(s) is filed within the time granted by
this Court, we hope and trust that the High Court
will dispose of the same on merits, without
reference to the period of limitation. All
contentions of both the parties are left open to
be agitated in the appeals(s).
Ordered accordingly.
.......................J. (H.L. DATTU)
.......................J. (CHANDRAMAULI KR. PRASAD)
NEW DELHI; NOVEMBER 06, 2012
3