AT N THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CHANDIGARH & Ors. v. State of Haryana and another. State of Haryana and another (ii`) CRR-1437-2025 & Ors.

Judgment

1. CRR-2289-2025 (O&M) CRR Dr. Rohit Lalit and others Dr. Rohit Lalit and others State of Haryana and another State of Haryana and another

2. CRR-1437-2025 CRR Nishant Verma Nishant Verma State of Haryana and others State of Haryana Versus ....Petitioners ....Respondents Versus ....Petitioner ....Respondents d on: May 21, 2026 Pronouncement: May 29 , 2026 Reserved on Date of Pronouncement Date of Uploading: May 29, 2026 Date of Uploading: CORAM: HON’BLE MR. JUSTICE SUMEET GOEL HON’BLE MR. JUSTICE SUMEET GOEL Present: Mr. Viren Jain, Advocate and Ms. Tarranum Madan, Advocate Ms. Tarranum Madan, Advocate for the petitioners in CRR-2289 and for respondent No.2 in CRR-1437-2025. and for respondent No.2 in CRR 2289-2025 Mr. Gurmeet Singh, AAG Haryana. Mr. Gurmeet Singh, AAG Haryana. Mr. Nishant Verma, respondent No.2 in person in CRR-2289-2025 and for petitioner in CRR respondent No.2 in person 2025 and for petitioner in CRR-1437-2025. SUMEET GOEL GOEL, J. *****

1. By way of this common judgment, this Court proceeds to By way of this common judgment, this Court proceeds to By way of this common judgment, this Court proceeds to adjudicate upon two connected criminal revision petitions, given that they adjudicate upon two connected criminal revision petitions, given that they adjudicate upon two connected criminal revision petitions, given that they adjudicate upon two connected criminal revision petitions, given that they both assail the same impugned order. For the sake of clarity, the respective the same impugned order. For the sake of clarity, the respective same impugned order. For the sake of clarity, the respective petitions are detailed as under: petitions are detailed as under: 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 2 (i) CRR-2289-2025, titled as Dr. Rohit Lalit and others v. as Dr. Rohit Lalit and others v. State of Haryana and another. State of Haryana and another (ii`) CRR-1437-2025, titled Nishant Verma v. State of , titled as Nishant Verma v. State of Haryana and Others. For the purpose of convenience, the facts are drawn from For the purpose of convenience, the facts are drawn from For the purpose of convenience, the facts are drawn from CRR-2289- -2025 (hereinafter referred to as the ). hereinafter referred to as the ‘petition in hand’). petition in hand Furthermore, to maintain uniformity, the petitioners in the petition in hand Furthermore, to maintain uniformity, the petitioners in the Furthermore, to maintain uniformity, the petitioners in the (CRR-2289 2289-2025) shall hereinafter be referre "accused," while 2025) shall hereinafter be referred to as the "accused," while ferred to as the ‘complainant.’ respondent No.2 therein shall be referred to as the ‘complainant.’ ferred to as the ‘complainant.’ respondent No. 2025, the petitioner shall be referred to as the Conversely, in CRR-1437-2025, the petitioner shall be referred to as the 2025, the petitioner shall be referred to as the Conversely, in CRR the private respondents as the ‘accused.’ "complainant" and the private respondents as the ‘accused.’ "complainant" and FACTUAL MATRIX FACTUAL MATRIX

2. The petition in hand (CRR-2289 has been filed by the 2289-2025) has been filed by the accused laying challenge to the order dated 20.11.2024 passed by the accused laying challenge to the order dated 20.11.2024 passed by the accused laying challenge to the order dated 20.11.2024 passed by the accused laying challenge to the order dated 20.11.2024 passed by the (hereinafter referred to as learned Additional Sessions Judge, Gurugram (hereinafter referred to as learned Additional Sessions Judge, Gurugram learned Additional Sessions Judge, Gurugram impugned order’) whereby it has been directed that charges ‘impugned order’) be framed it has been directed that charges be framed against the accused for offences under Sections 323, 325, 331, 341, 201 against the accused for offences under Sections 323, 325, 331, 341, 201 against the accused for offences under Sections 323, 325, 331, 341, 201 against the accused for offences under Sections 323, 325, 331, 341, 201 and 34 of IPC. The accused have, primarily and 34 of IPC. sought for deletion of Sections primarily, sought for deletion of Sections . Further, condonation of delay of 204 days in filing the 325/ 331 of IPC. Further, condonation of delay of 204 days in filing the . Further, condonation of delay of 204 days in filing the 325/ 331 of IPC petition is sought for. revision petition is sought for. CRR-1437-2025 has been filed by the complainant, primarily, has been filed by the complainant, primarily, as also for addition of offences under Sections 307/ 379-B/ 149 of IPC as also for addition of offences under Sections 307/ 379 for addition of offences under Sections 307/ 379 arraigning further accused, i.e., the accused arraigning other than those , i.e., the accused persons other than those Further, condonation of delay of challaned (charge-sheeted) by the police. Further, condonation of delay of Further, condonation of delay of challaned (charge 94 days in filing the revision petition is sought for. 94 days in filing the revision petition is sought for. 94 days in filing the revision petition is sought for. 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 3

3. Shorn of non-essential, the relevant factual essential, the relevant factual milieu of the lis in the petition in hand petition in hand is adumbrated thus: (i)

FIR bearing No.173 dated 27.08.2023 came to be registered FIR bearing No.173 dated 27.08.2023 came to be registered FIR bearing No.173 dated 27.08.2023 came to be registered under Sections 147, 149, 323, 341, 379-B and 506 of the IPC under Sections 147, 149, at Police B and 506 of the IPC at Police at the instance of the complainant Station New Colony, District Gurugram at the instance of the complainant at the instance of the complainant Station New Colony, District Gurugram against certain persons including the accused (herein). against certain persons including the accused (herein). against certain persons including the accused (herein). (ii) , the As per the Medico Legal Report (MLR) dated 27.08.2023, the As per the Medico Legal Report (MLR) following injuries were found upon the body of the complainant: following injuries were found upon the body of the complainant: following injuries were found upon the body of the complainant: – ng 4x4 cm on left side of Zygome (left) with contusions red – “(1) Multiple contusion present on forehead. With XXX swelling on (1) Multiple contusion present on forehead. With XXX swelling on (1) Multiple contusion present on forehead. With XXX swelling on forehead. Adv: NCCT Head and surgeon opinion. forehead. Adv: NCCT Head and surgeon opinion. (2) Swelling 4x4 cm on left side of Zygome (left) with contusions red blue in colour. Adv:- ENT opinion. (3) Swelling around R/L eyes present. Adv: (3) Swelling around R/L eyes present. Adv:- Eye opinion. ENT (4) H/I nasal bleed present, C/o pain and swelling in nose. Adv:- ENT (4) H/I nasal bleed present, C/o pain and swelling in nose. Adv: opinion. welling on right Zygome region 2*3 cm. (5) Contusion and swelling on right Zygome region 2*3 cm. (6) C/o pain and swelling on left ear with contusion on ear. Adv.: Ear (6) C/o pain and swelling on left ear with contusion on ear. Adv.: Ear (6) C/o pain and swelling on left ear with contusion on ear. Adv.: Ear opinion. (7) C/o jaw pain and swelling on right angle of Mandible. Adv: Dental (7) C/o jaw pain and swelling on right angle of Mandible. Adv: Dental (7) C/o jaw pain and swelling on right angle of Mandible. Adv: Dental opinion. (8) C/o pain in left shoulder. Adv: Ortho opinion. (8) C/o pain in left shoulder. Adv: Ortho opinion. ) Pain and swelling 4*4 cm on left wrist and left hand. Adv: Ortho (9) Pain and swelling 4*4 cm on left wrist and left hand. Adv: Ortho ) Pain and swelling 4*4 cm on left wrist and left hand. Adv: Ortho opinion. (10) C/o pain in right side chest. Adv: Surgeon opinion. (10) C/o pain in right side chest. Adv: Surgeon opinion. (11) Contusions 6*10 on middle back with C/o pain in back. Adv: Ortho (11) Contusions 6*10 on middle back with C/o pain in back. Adv: Ortho (11) Contusions 6*10 on middle back with C/o pain in back. Adv: Ortho opinion.” The Police made an application to Medical Officer, General olice made an application to Medical Officer, General (iii) for opinion regarding the injuries Hospital, Gurugram on 15.09.2023 for opinion regarding the injuries for opinion regarding the injuries Hospital, Gurugram nt whereof reads thus: sustained by the complainant, relevant whereof reads thus: sustained by the complainant, relev “To Medical Officer, GH Gurugram. Subject- Application for opinion regarding the injuries sustain ed by Application for opinion regarding the injuries sustained by victim Nishant Verma son of S.K. Verma resident of H.No.236 Ground victim Nishant Verma son of S.K. Verma resident of H.No.236 Ground victim Nishant Verma son of S.K. Verma resident of H.No.236 Ground 47 Gurugram. Floor, Blossom 1 Sec-47 Gurugram. Sir, It is requested that on 27.08.2020, the above mentioned injured It is requested that on 27.08.2020, the above mentioned injured It is requested that on 27.08.2020, the above mentioned injured Nishant Verma was admitted to your hospital whose MLR No. is Nishant Verma was admitted to your hospital whose MLR No. is Nishant Verma was admitted to your hospital whose MLR No. is KS/2023/449 dated 27-08-2023. In which doctor has mentioned a total 2023. In which doctor has mentioned a total 2023. In which doctor has mentioned a total related of 10 injuries. The documents, reports and discharge summary related of 10 injuries. The documents, reports and discharge summary 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 4 to the treatment of the injured Nishant Verma have been received. The to the treatment of the injured Nishant Verma have been received. The to the treatment of the injured Nishant Verma have been received. The documents, reports and discharge summary related to the treatment of documents, reports and discharge summary related to the treatment of documents, reports and discharge summary related to the treatment of the injured Nishant Verma are presented before you. Therefore, an the injured Nishant Verma are presented before you. Therefore, an the injured Nishant Verma are presented before you. Therefore, an ined by Nishant Verma, with opinion be given about the injuries sustained by Nishant Verma, with opinion be given about the injuries susta which type of weapon was he inflicted the injury and what is the type of which type of weapon was he inflicted the injury and what is the type of which type of weapon was he inflicted the injury and what is the type of injury so that further investigation of the case can be carried out. injury so that further investigation of the case can be carried out. Police Station New colony, Gurugram Police Station New colony, Gurugram Dated 15.09.2023 ischarge summary provided by Pratiksha Hospital ischarge summary provided by Pratiksha Hospital After reviewing the discharge summary provided by Pratiksha Hospital it was found that Injury No.1, 2, 3, 4, 5 & 8, 9, 10, 11 are Simple in it was found that Injury No.1, 2, 3, 4, 5 & 8, 9, 10, 11 are Simple in it was found that Injury No.1, 2, 3, 4, 5 & 8, 9, 10, 11 are Simple in Nature. Opinion regarding injury no.7 to be given by Dental Surgeon. Opinion regarding injury no.7 to be given by Dental Surgeon. Weapon –I Blunt for all injuries.” pplication was moved by the Police On 03.10.2023, another application was moved by the Police pplication was moved by the Police (iv) to the General Hospital, Gurugram for opinion regarding the injuries to the General Hospital, Gurugram for opinion regarding the injuries to the General Hospital, Gurugram for opinion regarding the injuries to the General Hospital, Gurugram for opinion regarding the injuries Relevant of the said request and opinion sustained by the complainant. Relevant of the said request and opinion Relevant of the said request and opinion sustained by the complainant. given by the Government Doctor reads thus: given by the Government Doctor reads thus: given by the Government Doctor reads thus: “To ‘ PMO Medical Officer, GH Gurugram. Subject- Application for opinion regarding the injuries sustained by Application for opinion regarding the injuries sustained by Application for opinion regarding the injuries sustained by victim Nishant Verma son of S.K. Verma resident of H.No.236 Ground victim Nishant Verma son of S.K. Verma resident of H.No.236 Ground victim Nishant Verma son of S.K. Verma resident of H.No.236 Ground 47 Gurugram. Floor, Blossom 1 Sec-47 Gurugram. Sir, It is requested that on 27.08.2020, the above mentioned injured It is requested that on 27.08.2020, the above mentioned injured It is requested that on 27.08.2020, the above mentioned injured Nishant Verma was admitted to your hospital whose MLR No. is Nishant Verma was admitted to your hospital whose MLR No. is Nishant Verma was admitted to your hospital whose MLR No. is KS/2023/449 dated 27-08-2023. In which doctor has mentioned a total 2023. In which doctor has mentioned a total 2023. In which doctor has mentioned a total of 10 injuries. The documents, reports and discharge summary related of 10 injuries. The documents, reports and discharge summary related of 10 injuries. The documents, reports and discharge summary related received and to the treatment of the injured Nishant Verma have been received and to the treatment of the injured Nishant Verma have been are presented before you. Opinion regarding injury no.7 received by are presented before you. Opinion regarding injury no.7 received by are presented before you. Opinion regarding injury no.7 received by injured Nishant Verma is pending which injury no.7. Therefore, an injured Nishant Verma is pending which injury no.7. Therefore, an injured Nishant Verma is pending which injury no.7. Therefore, an opinion be given regarding the type of weapon with which he was opinion be given regarding the type of weapon with which he was opinion be given regarding the type of weapon with which he was injury so that further inflicted the injury and what is the type of injury so that further inflicted the injury and what is the type of investigation of the case can be carried out. investigation of the case can be carried out. Police Station New colony, Gurugram Police Station New colony, Gurugram Dated 3.10.2023 Dental Surgeon on duty. MLR: KS/2023/449 Pt took treatment from Dental Makeover, considering loose teeth, Injury Pt took treatment from Dental Makeover, considering loose teeth, Injury Pt took treatment from Dental Makeover, considering loose teeth, Injury simple in nature, Pt did not undergo X Ray. is simple in nature, Pt did not undergo X Ray. TMJ : opinion regarding Jaw Pain can’t be opined. TMJ : opinion regarding Jaw Pain can’t be opined. This opined after receiving opinion from treating doctor. This opined after receiving opinion from treating doctor. Sd/- 3/10/23” (v) It is further the case of the complainant that he had approached It is further the case of the complainant that he had approached It is further the case of the complainant that he had approached a private dental practitioner at a clinic operating under the name and style a private dental practitioner at a clinic operating under the name and style a private dental practitioner at a clinic operating under the name and style a private dental practitioner at a clinic operating under the name and style 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 5 his treatment was of "Dental Makeover" for medical treatment. As alleged, this treatment was of "Dental Makeover" for medical treatment. of "Dental Makeover" for medical treatment. necessitated by the dental injuries allegedly sustained by him during the necessitated by the dental injuries allegedly sustained by him during the necessitated by the dental injuries allegedly sustained by him during the necessitated by the dental injuries allegedly sustained by him during the quently, on 10.11.2023, the said private incident on 27.08.2023. Subsequently, on 10.11.2023, the said private quently, on 10.11.2023, the said private incident on 27.08.2023. Subse dentist performed a tooth extraction procedure upon the complainant. dentist performed a tooth extraction procedure upon the complainant. dentist performed a tooth extraction procedure upon the complainant. dentist performed a tooth extraction procedure upon the complainant. Thereafter, the Police again sought for a medical opinion about the injuries Thereafter, the Police again sought for a medical opinion about the injuries Thereafter, the Police again sought for a medical opinion about the injuries Thereafter, the Police again sought for a medical opinion about the injuries suffered by the complainant from the Government Hospital, Gurugram, suffered by the complainant from the Government Hospital, Gurugram, suffered by the complainant from the Government Hospital, Gurugram, suffered by the complainant from the Government Hospital, Gurugram, elevant whereof reads thus: relevant whereof reads thus: “To PMO, Government Hospital, Sector 10 PMO, Government Hospital, Sector 10 District Gurugram. Regarding opinion about injuries. Subject – Regarding opinion about injuries. Sir, It is requested that in the case, MLC No.KS/2023/449 has been It is requested that in the case, MLC No.KS/2023/449 has been It is requested that in the case, MLC No.KS/2023/449 has been of S.K. Verma Nishant Verma son of S.K. Verma prepared for the complainant – Nishant Verma son resident of 236 Ground Floor Blossom Ist Sector 47 Gurugram. In resident of 236 Ground Floor Blossom Ist Sector 47 Gurugram. In resident of 236 Ground Floor Blossom Ist Sector 47 Gurugram. In which Dental Surgeon’s opinion has been obtained on Injury No.7. which Dental Surgeon’s opinion has been obtained on Injury No.7. which Dental Surgeon’s opinion has been obtained on Injury No.7. Regarding which you have given your opinion on 3/10/23. Now the Regarding which you have given your opinion on 3/10/23. Now the Regarding which you have given your opinion on 3/10/23. Now the edical report of one of Nishant Verma has presented the medical report of one of complainant – Nishant Verma has presented the m his teeth (DENTAL MAKEOVERS B 4 GROUND FLOOR MAYFIELED his teeth (DENTAL MAKEOVERS B-4 GROUND FLOOR MAYFIELED GARDEN BLOCK B SECTOR 50). Therefore, after observing the MLC GARDEN BLOCK B SECTOR 50). Therefore, after observing the MLC GARDEN BLOCK B SECTOR 50). Therefore, after observing the MLC and medical documents and the report of DENTAL MAKEOVERS and medical documents and the report of DENTAL MAKEOVERS and medical documents and the report of DENTAL MAKEOVERS hospital dated 30/9/23, you should again give your opinio 23 hospital dated 30/9/23, you should again give your opinion on 10-11-23 as to what type of tooth is there. So that further investigation can be as to what type of tooth is there. So that further investigation can be as to what type of tooth is there. So that further investigation can be done in the case. Sd/- Crime Unit Sector 10 District Gurugram 20/11/23  Dr. Kamal/MO  Dr. Praveen Arya/MOs/Dental Surgeon Dr. Praveen Arya/MOs/Dental Surgeon  Dr. Deepak Mathur/Forensic Expert Dr. Deepak Mathur/Forensic Expert Sd/- 20.11.23 22/11/23 Dental -On Perusal of the MLR dated 27/08/23, MLR NO KS/2022/449 by Dr. On Perusal of the MLR dated 27/08/23, MLR NO-KS/2022/449 by Dr. Kamal Singh CMOs of district Civil Hospital Sec. 10, Gurugram the Kamal Singh CMOs of district Civil Hospital Sec. 10, Gurugram the Kamal Singh CMOs of district Civil Hospital Sec. 10, Gurugram the nature of injury probably seems to be simple nature of injury probably seems to be simple Sd/- Dental Surgeon Civil Hospital Sector -10¸Gurugram Civil Hospital Sector 22/11/23 Review of Dental opinion as given above specifies the dental injury to be Review of Dental opinion as given above specifies the dental injury to be Review of Dental opinion as given above specifies the dental injury to be simple which is also earlier given by Dr. Kamal Singh @ corroborated simple which is also earlier given by Dr. Kamal Singh @ corroborated simple which is also earlier given by Dr. Kamal Singh @ corroborated by Dr. Arjun Soni (Dental makeover) also. Patient did - by Dr. Arjun Soni (Dental makeover) also. Patient did not undergo X- Ray TMJ (Jaw Joint) has been mentioned by Dr. Kamal Singh vide Ray TMJ (Jaw Joint) has been mentioned by Dr. Kamal Singh vide Ray TMJ (Jaw Joint) has been mentioned by Dr. Kamal Singh vide Opinion dated 3.10.23. No X-Ray films have been shown to the board Ray films have been shown to the board Ray films have been shown to the board also. However, NCCT face dt 28/8/27 clearly shows Body, Ramus, also. However, NCCT face dt 28/8/27 clearly shows Body, Ramus, also. However, NCCT face dt 28/8/27 clearly shows Body, Ramus, e to be Normal. The Alveolar process & Condylar process of mandible to be Normal. The Alveolar process & Condylar process of mandibl 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 6 same may be further confirmed again by dental surgeon on board also, same may be further confirmed again by dental surgeon on board also, same may be further confirmed again by dental surgeon on board also, but in the light of aforesaid documents the injury to the teeth & Jaw be but in the light of aforesaid documents the injury to the teeth & Jaw be but in the light of aforesaid documents the injury to the teeth & Jaw be considered simple till a radiological or dental corroboration of the considered simple till a radiological or dental corroboration of the considered simple till a radiological or dental corroboration of the contrary is put on record. Sd/- ASMO (DCH Sec-10) 22/11/23 - The police official today dated 24/1/23 placed on file the print The police official today dated 24/1/23 placed on file the print The police official today dated 24/1/23 placed on file the print ray of the patient concerned. On perusal of ray of the patient concerned. On perusal of out/copy of the RVG x-ray of the patient concerned. On perusal of the same, the nature of injury probably to be simple only. the same, the nature of injury probably to be simple Sd/- Dr. Kamal Singh Dental Surgeon Civil Hospital Sector – 10, Gurugram” Civil Hospital Sector Sd/- (vi) The Police, on 29.09.2023, deleted Section 379 IPC deleted Section 379-B of the IPC other than against the petitioners (herein) and exonerated accused other than against the petitioners (herein) and exonerated accused against the petitioners (herein) and exonerated accused investigation carried out as also after recording petitioners, on the basis of investigation carried out as also after recording investigation carried out as also after recording petitioners, brought of the statements of 09 persons. A copy of the said report has been brought of the statements of 09 persons. A copy of the said report of the statements of 09 persons. A copy of the said report forth on record as Annexure P-2 in CRR forth on record a , relevant whereof CRR-1437-2025, relevant whereof reads thus: “10. In the case, based on the interrogation of the aforementioned In the case, based on the interrogation of the aforementioned In the case, based on the interrogation of the aforementioned witnesses, the study of the file, and my investigation so far, it has been witnesses, the study of the file, and my investigation so far, it has been witnesses, the study of the file, and my investigation so far, it has been found that the complainant, Nishant Verma, was detained and assaulted found that the complainant, Nishant Verma, was detained and assaulted found that the complainant, Nishant Verma, was detained and assaulted inside the hospital and was given threats. Apart from this, the inside the hospital and was given threats. Apart from this, the allegations made by the complainant regarding the snatching of his allegations made by the complainant regarding the snatching of his allegations made by the complainant regarding the snatching of his mobile phone, wallet, cash, dollars, matar mala (gold chain) and mobile phone, wallet, cash, dollars, matar mala (gold chain) and mobile phone, wallet, cash, dollars, matar mala (gold chain) and bracelet were found to be untrue. The offense under Section 379B IPC bracelet were found to be untrue. The offense under Section 379B IPC bracelet were found to be untrue. The offense under Section 379B IPC (Robbery) was not established in the c ase, and there is no evidence (Robbery) was not established in the case, and there is no evidence found against Dr. Rohit Lalit’s mother, Premlata. Accordingly, the found against Dr. Rohit Lalit’s mother, Premlata. Accordingly, the found against Dr. Rohit Lalit’s mother, Premlata. Accordingly, the investigating officer has been directed to remove Section 379B IPC from investigating officer has been directed to remove Section 379B IPC from investigating officer has been directed to remove Section 379B IPC from the case. Furthermore, an in-depth investigation should be conducted to depth investigation should be conducted to depth investigation should be conducted to gray T Shirt as hospital staff member wearing a light blue-gray T Shirt as identify the hospital staff member wearing a light blue seen in the CCTV footage. If any other person’s involvement is found seen in the CCTV footage. If any other person’s involvement is found seen in the CCTV footage. If any other person’s involvement is found legal action should also be taken against them as per the law. legal action should also be taken against them as per the law. As of now, the verification and investigation of the case have As of now, the verification and investigation of the case 11. been conducted at Police Station New Colony. The case file and witness been conducted at Police Station New Colony. The case file and witness been conducted at Police Station New Colony. The case file and witness statements have been handed over to Investigating Officer Deepak for statements have been handed over to Investigating Officer Deepak for statements have been handed over to Investigating Officer Deepak for further action, and I am now engaged in other government duties.” further action, and I am now engaged in other government duties. (vii) investigation, presented The Police, after carrying out the investigation, presented The Police, after carrying out the challan (charge-sheet) against the accused on 08.02.2024 before challan (charge sheet) against the accused on 08.02.2024 before the concerned I under Sections 323, 325, 331, 341, 201, 506 Illaqa Magistrate under Sections 323, 325, 331, 341, 201, 506 under Sections 323, 325, 331, 341, 201, 506 and 34 of the IPC, 1860. Vide the impugned order and 34 of the IPC, 1860. Vide the , the learned Additional impugned order, the learned Additional 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 7 urugram proceeded to frame charges against the Sessions Judge, Gurugram proceeded to frame charges against the urugram proceeded to frame charges against the Sessions Judge, G petitioners under Sections 323, 325, 331, 341, 201, 506 and 34 of the IPC. petitioners under Sections 323, 325, 331, 341, 201, 506 and 34 of the IPC. petitioners under Sections 323, 325, 331, 341, 201, 506 and 34 of the IPC. (viii) Aggrieved by , impugned order, impugned order the accused have the accused have approached this Court vide CRR-2289-2025 approached this Court vide CRR 2025 (petition in hand) whereas the complainant has approached this Court vide CRR-1437-2025. complainant has approached this Court vide CRR complainant has approached this Court vide CRR these two criminal revision It is in this factual backdrop, that these two criminal revision It is in this factual backdrop, that come up for receiving consideration at the hands of this petitions have come up for receiving consideration at the hands of this come up for receiving consideration at the hands of this petitions have Court. RIVAL SUBMISSIONS RIVAL SUBMISSIONS

4. Learned counsel appearing for the petitioners petition in ring for the petitioners in the petition in hand (CRR , has iterated that the delay in filing the present (CRR-2289-2025), has iterated that the delay in filing the present , has iterated that the delay in filing the present revision petition is neither intentional nor deliberate but has occurred due revision petition is neither intentional nor deliberate but has occurred due revision petition is neither intentional nor deliberate but has occurred due revision petition is neither intentional nor deliberate but has occurred due ther iterated to circumstances beyond their control. Learned counsel has further iterated to circumstances beyond their control. Learned counsel has fur to circumstances beyond their control. Learned counsel has fur that after engaging the earlier counsel for filing and pursuing the instant that after engaging the earlier counsel for filing and pursuing the instant that after engaging the earlier counsel for filing and pursuing the instant that after engaging the earlier counsel for filing and pursuing the instant case, the said counsel unfortunately met with a serious accident on case, the said counsel unfortunately met with a serious accident on case, the said counsel unfortunately met with a serious accident on case, the said counsel unfortunately met with a serious accident on

13.03.2025 and suffered grave head injuries and required 13.03.2025 and suffered brain surgery. grave head injuries and required brain surgery. learned counsel, owing to said unfortunate accident, the According to the learned counsel, owing to said unfortunate accident, the learned counsel, owing to said unfortunate accident, the According to applicants-petitioners e contact with the counsel and petitioners were unable to make contact with the counsel and e contact with the counsel and were unable to retrieve the case file or proceed further in the matter for a were unable to retrieve the case file or proceed further in the matter for a were unable to retrieve the case file or proceed further in the matter for a were unable to retrieve the case file or proceed further in the matter for a fter learning about the considerable period. It has been contended that after learning about the considerable period. It has been contended that a considerable period. It has been contended that a petitioners contacted the condition of the said counsel, the applicants-petitioners contacted the condition of the said counsel, the applicants condition of the said counsel, the applicants present counsel in May, 2025 and thereafter took requisite steps to retrieve present counsel in May, 2025 and thereafter took requisite steps to retrieve present counsel in May, 2025 and thereafter took requisite steps to retrieve present counsel in May, 2025 and thereafter took requisite steps to retrieve the file and pursue appropriate legal remedies. It has been further the file and pursue appropriate legal remedies. It has been further the file and pursue appropriate legal remedies. It has been further the file and pursue appropriate legal remedies. It has been further the petitioners had initially approached this Court by filing a contended that the petitioners had initially approached this Court by filing a the petitioners had initially approached this Court by filing a contended that petition seeking quashing of the FIR which came to be withdrawn on petition seeking quashing of the FIR which came to be withdrawn on petition seeking quashing of the FIR which came to be withdrawn on petition seeking quashing of the FIR which came to be withdrawn on 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 8

22.05.2025 with liberty to avail alternative remedies in accordance with 22.05.2025 with liberty to avail alternative remedies in accordance with 22.05.2025 with liberty to avail alternative remedies in accordance with 22.05.2025 with liberty to avail alternative remedies in accordance with ng the present revision law. Learned counsel has canvassed that after filing the present revision law. Learned counsel has canvassed that after fili law. Learned counsel has canvassed that after fili petition, repeated objection(s) have been raised by the Registry and petition, repeated objection(s) have been raised by the Registry and petition, repeated objection(s) have been raised by the Registry and petition, repeated objection(s) have been raised by the Registry and - substantial time was consumed in removing the said objections and re substantial time was consumed in removing the said objections and re- substantial time was consumed in removing the said objections and re - filing the matter. Learned counsel has emphasized that the applicants- filing the matter. Learned counsel has emphasized that the applicants filing the matter. Learned counsel has emphasized that the applicants diligently and made sincere efforts to pursue the petitioners have acted diligently and made sincere efforts to pursue the diligently and made sincere efforts to pursue the petitioners have acted matter at every stage and there has been no negligence or intentional matter at every stage and there has been no negligence or intentional matter at every stage and there has been no negligence or intentional matter at every stage and there has been no negligence or intentional inaction on their part. On the strength of these submissions, learned inaction on their part. On the strength of these submissions, learned inaction on their part. On the strength of these submissions, learned inaction on their part. On the strength of these submissions, learned on of 204 counsel has prayed that the instant application seeking condonation of 204 counsel has prayed that the instant application seeking condonati counsel has prayed that the instant application seeking condonati days in filing the present revision petition be condoned in the interest of days in filing the present revision petition be condoned in the interest of days in filing the present revision petition be condoned in the interest of days in filing the present revision petition be condoned in the interest of justice. learned counsel for the petitioners has opposed the Further, learned counsel for the petitioners has opposed the learned counsel for the petitioners has opposed the by the condonation of delay of 94 days in filing CRR-1437-2025 by the condonation of delay of 94 days in filing condonation of delay of 94 days in filing plausible/ sufficient cause has been complainant by iterating that no plausible/ sufficient cause has been plausible/ sufficient cause has been complainant by iterating that no reflected for seeking condonation of delay for seeking condonation of delay.

4.1. The learned counsel for the accused accused, on merits of the lis, has vehemently contended that the offence punishable under Section 325 IPC is vehemently contended that the offence punishable under Section 325 IPC is vehemently contended that the offence punishable under Section 325 IPC is vehemently contended that the offence punishable under Section 325 IPC is not attracted in the facts and circumstances of the present case. It ex facie not attracted in the facts and circumstances of the present case. It not attracted in the facts and circumstances of the present case. It not attracted in the facts and circumstances of the present case. It has been argued that, even assuming arguendo has been argued that, even that the injuries alleged by assuming arguendo that the injuries alleged by , the same, as the complainant were caused at the hands of the accused, the same, as the complainant were caused at the hands of the the complainant were caused at the hands of the are at best simple in nature and do borne out from the medical record itself, are at best simple in nature and do are at best simple in nature and do borne out from the medical record itself, not satisfy the essential ingredients constituting “grievous hurt” within the not satisfy the essential ingredients constituting “grievous hurt” within the not satisfy the essential ingredients constituting “grievous hurt” within the not satisfy the essential ingredients constituting “grievous hurt” within the Learned counsel has further submitted that meaning of Section 320 IPC. Learned counsel has further submitted that Learned counsel has further submitted that meaning of Section 320 IPC. the allegations levelled against the accused the allegations levelled against the are inherently improbable, accused are inherently improbable, materially inconsistent and wholly contrary to the contemporaneous record. materially inconsistent and wholly contrary to the contemporaneous record. materially inconsistent and wholly contrary to the contemporaneous record. materially inconsistent and wholly contrary to the contemporaneous record. 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 9 It has specifically been urged that petitioner No.1 is a medical practitioner It has specifically been urged that petitioner No.1 is a medical practitioner It has specifically been urged that petitioner No.1 is a medical practitioner It has specifically been urged that petitioner No.1 is a medical practitioner suffering from 60% permanent physical disability, which substantially suffering from 60% permanent physical disability, which substantially suffering from 60% permanent physical disability, which substantially suffering from 60% permanent physical disability, which substantially d bodily movements. impairs his physical mobility and bodily movements. d bodily movements. impairs his physical mobility an In such In such In such circumstances, the allegations attributing physical assault and active circumstances, the allegations attributing physical assault and active circumstances, the allegations attributing physical assault and active circumstances, the allegations attributing physical assault and active ex facie participation in the alleged occurrence to petitioner No.1 are ex facie participation in the alleged occurrence to petitioner No.1 are participation in the alleged occurrence to petitioner No.1 are implausible, inherently unreliable and devoid of credibility. implausible, inherently unreliable and devoid of credibility. implausible, inherently unreliable and devoid of credibility. ontended that the complainant has falsely It has further been contended that the complainant has falsely ontended that the complainant has falsely implicated the petitioners with an oblique motive to harass, intimidate and implicated the petitioners with an oblique motive to harass, intimidate and implicated the petitioners with an oblique motive to harass, intimidate and implicated the petitioners with an oblique motive to harass, intimidate and exert undue pressure upon them for extraneous considerations by misusing exert undue pressure upon them for extraneous considerations by misusing exert undue pressure upon them for extraneous considerations by misusing exert undue pressure upon them for extraneous considerations by misusing submits that his influence with the local police authorities. Learned counsel submits that his influence with the local police authorities. Learned counsel his influence with the local police authorities. Learned counsel the mala fide intent underlying the prosecution is further evident from the mala fide intent underlying the prosecution is further evident from the intent underlying the prosecution is further evident from the fact that despite petitioner No.1 having lodged a complaint disclosing fact that despite petitioner No.1 having lodged a complaint disclosing fact that despite petitioner No.1 having lodged a complaint disclosing fact that despite petitioner No.1 having lodged a complaint disclosing commission of cognizable offences by the complainant himself, the police commission of cognizable offences by the complainant himself, the police commission of cognizable offences by the complainant himself, the police commission of cognizable offences by the complainant himself, the police y failed to register an FIR thereupon, thereby clearly authorities deliberately failed to register an FIR thereupon, thereby clearly y failed to register an FIR thereupon, thereby clearly authorities deliberatel demonstrating bias, arbitrariness and collusion with the complainant, who demonstrating bias, arbitrariness and collusion with the complainant, who demonstrating bias, arbitrariness and collusion with the complainant, who demonstrating bias, arbitrariness and collusion with the complainant, who Learned counsel has additionally argued himself is a practising Advocate. Learned counsel has additionally argued Learned counsel has additionally argued himself is a practising Advocate. s belied by the medical that the entire edifice of the prosecution case stands belied by the medical that the entire edifice of the prosecution case stand that the entire edifice of the prosecution case stand evidence available on record. It has been submitted that all the medical evidence available on record. It has been submitted that all the medical evidence available on record. It has been submitted that all the medical evidence available on record. It has been submitted that all the medical opinions and treatment records consistently opine the injuries suffered by opinions and treatment records consistently opine the injuries suffered by opinions and treatment records consistently opine the injuries suffered by opinions and treatment records consistently opine the injuries suffered by the complainant to be simple in nature, and there is no medical material the complainant to be simple in nature, and there is no medical material the complainant to be simple in nature, and there is no medical material the complainant to be simple in nature, and there is no medical material suggestive of any grievous injury so as to attract the rigours of whatsoever suggestive of any grievous injury so as to attract the rigours of suggestive of any grievous injury so as to attract the rigours of whatsoever Section 325 IPC. It has further been contended that there is not even prima Section 325 IPC. It has further been contended that there is not even Section 325 IPC. It has further been contended that there is not even material on record to establish that the alleged extraction/loss of a facie material on record to establish that the alleged extraction/loss of a material on record to establish that the alleged extraction/loss of a material on record to establish that the alleged extraction/loss of a d circumstances, constitute grievous tooth would, in the attending facts and circumstances, constitute grievous d circumstances, constitute grievous tooth would, in the attending facts an Learned counsel has further hurt within the ambit of Section 320 IPC. Learned counsel has further hurt within the ambit of Section 320 IPC. hurt within the ambit of Section 320 IPC. 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 10 pointed out that the falsity and vindictive nature of the allegations levelled pointed out that the falsity and vindictive nature of the allegations levelled pointed out that the falsity and vindictive nature of the allegations levelled pointed out that the falsity and vindictive nature of the allegations levelled by the complainant are also manifest from the dismissal of Complaint by the complainant are also manifest from the dismissal of Complaint by the complainant are also manifest from the dismissal of Complaint by the complainant are also manifest from the dismissal of Complaint o.COMI/32/2024 instituted by the complainant against the present No.COMI/32/2024 instituted by the complainant against the present o.COMI/32/2024 instituted by the complainant against the present o.COMI/32/2024 instituted by the complainant against the present 16, petitioners as well as certain doctors of Civil Hospital, Sector-16, petitioners as well as certain doctors of Civil Hospital, Sector petitioners as well as certain doctors of Civil Hospital, Sector Gurugram, wherein allegations pertaining to conspiracy and fabrication of Gurugram, wherein allegations pertaining to conspiracy and fabrication of Gurugram, wherein allegations pertaining to conspiracy and fabrication of Gurugram, wherein allegations pertaining to conspiracy and fabrication of medical opinion had been raised against the concerned medical officers. medical opinion had been raised against the conc medical opinion had been raised against the conc On the strength of the aforesaid submissions, learned counsel On the strength of the aforesaid submissions, learned counsel On the strength of the aforesaid submissions, learned counsel dated 20.11.2024 framing charges has contended that the impugned order dated 20.11.2024 framing charges dated 20.11.2024 framing charges has contended that the application of against the petitioners suffers from patent illegality, non-application of against the petitioners suffers from patent illegality, non against the petitioners suffers from patent illegality, non tion of the material available on record and, mind and mis-appreciation of the material available on record and, tion of the material available on record and, mind and mis therefore, deserves to be set aside. Accordingly, prayer has been made for therefore, deserves to be set aside. Accordingly, prayer has been made for therefore, deserves to be set aside. Accordingly, prayer has been made for therefore, deserves to be set aside. Accordingly, prayer has been made for allowing the present revision petition and quashing the charges framed allowing the present revision petition and quashing the charges framed allowing the present revision petition and quashing the charges framed allowing the present revision petition and quashing the charges framed against the petitioners vide order dated 20.11.2024. against the petitioners vide order dated 20.11.2024. against the petitioners vide order dated 20.11.2024.

5. 2025, who appears Respondent No.2/petitioner in CRR-1437-2025, who appears Respondent No.2/petitioner in CRR in persons, while raising submissions with regard to condonation of delay while raising submissions with regard to condonation of delay while raising submissions with regard to condonation of delay 2025), has submitted of 94 days in filing the revision petition (CRR-1437-2025), has submitted of 94 days in filing the revision petition (CRR of 94 days in filing the revision petition (CRR that after passing of the impugned order that after passing of the

1.2024, he was impugned order dated 20.11.2024, he was collecting the relevant records and documents necessary for assailing the collecting the relevant records and documents necessary for assailing the collecting the relevant records and documents necessary for assailing the collecting the relevant records and documents necessary for assailing the impugned order. He has further submitted that the drafting and preparation impugned order. He has further submitted that the drafting and preparation impugned order. He has further submitted that the drafting and preparation impugned order. He has further submitted that the drafting and preparation of the petition took considerable time owing to the complexity of the matter of the petition took considerable time owing to the complexity of the matter of the petition took considerable time owing to the complexity of the matter of the petition took considerable time owing to the complexity of the matter nous nature of the record. It has been further submitted that and the voluminous nature of the record. It has been further submitted that nous nature of the record. It has been further submitted that and the volumi immediately after completion of the requisite formalities and procurement immediately after completion of the requisite formalities and procurement immediately after completion of the requisite formalities and procurement immediately after completion of the requisite formalities and procurement of documents, he acted diligently and approached this Court without of documents, he acted diligently and approached this Court without of documents, he acted diligently and approached this Court without of documents, he acted diligently and approached this Court without unintentional and if further delay. According to him, the delay is bona fide, unintentional and if further delay. According to him, the delay is further delay. According to him, the delay is the same is not condoned, he would suffer grave prejudice as material the same is not condoned, he would suffer grave prejudice as material the same is not condoned, he would suffer grave prejudice as material the same is not condoned, he would suffer grave prejudice as material 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 11 aspects of the matter would remain unaddressed. On the strength of these aspects of the matter would remain unaddressed. On the strength of these aspects of the matter would remain unaddressed. On the strength of these aspects of the matter would remain unaddressed. On the strength of these submissions, he has prayed that the delay of 94 days in filing the connected submissions, he has prayed that the delay of 94 days in filing the connected submissions, he has prayed that the delay of 94 days in filing the connected submissions, he has prayed that the delay of 94 days in filing the connected revision petition (CRR 2025) be condoned in the interest of justice. petition (CRR-1437-2025) be condoned in the interest of justice. Further, opposing the plea for condonation of 2 plea for condonation of 204 days in by the accused, it has been iterated by the filing CRR-2289-2025 by the accused, it has been iterated by the by the accused, it has been iterated by the filing CRR complainant (who appears in person) that the story put forth in complainant (who appears in person) that the story put forth in the ) is a concocted version application (seeking condonation of delay in filing) is a concocted version application (seeking condonation of delay in filing application (seeking condonation of delay in filing It is, thus, there is no tangible material to support the said stand. It is, thus, there is no tangible material to support the said stand. as also there is no tangible material to support the said stand. entreated that this application (seeking condonation of delay) entreated that ought to be application (seeking condonation of delay) ought to be declined.

5.1. The Complainant who appears in person, vehemently who appears in person, while vehemently opposing the the petition in hand (CRR-2289 & supporting the cause 2289-2025) & supporting the cause espoused in CRR-1437-2025, has submitted that the espoused in CRR has submitted that the impugned order dated

20.11.2024 passed by the learned Additional Sessions Judge, Gurugram, 20.11.2024 passed by the learned Additional Sessions Judge, Gurugram, 20.11.2024 passed by the learned Additional Sessions Judge, Gurugram, 20.11.2024 passed by the learned Additional Sessions Judge, Gurugram, framing charges under Sections 201, 325 and 331 IPC against the framing charges under Sections 201, 325 and 331 IPC against the framing charges under Sections 201, 325 and 331 IPC against the framing charges under Sections 201, 325 and 331 IPC against the petitioners is perfectly legal, justified and founded upon a due and proper petitioners is perfectly legal, justified and founded upon a due and proper petitioners is perfectly legal, justified and founded upon a due and proper petitioners is perfectly legal, justified and founded upon a due and proper during the course of investigation. It appreciation of the material collected during the course of investigation. It during the course of investigation. It appreciation of the material collected has been contended that the allegations contained in the FIR, the statements has been contended that the allegations contained in the FIR, the statements has been contended that the allegations contained in the FIR, the statements has been contended that the allegations contained in the FIR, the statements of witnesses recorded under Section 161 Cr.P.C., the medical evidence as of witnesses recorded under Section 161 Cr.P.C., the medical evidence as of witnesses recorded under Section 161 Cr.P.C., the medical evidence as of witnesses recorded under Section 161 Cr.P.C., the medical evidence as well as the other incriminating material collected by the investigating well as the other incriminating material collected by the investiga well as the other incriminating material collected by the investiga agency, prima facie disclose the commission of cognizable offences by the prima facie disclose the commission of cognizable offences by the disclose the commission of cognizable offences by the petitioners and fully justify the framing of charges against them at the petitioners and fully justify the framing of charges against them at the petitioners and fully justify the framing of charges against them at the petitioners and fully justify the framing of charges against them at the While advancing submissions in consonance with the present stage. While advancing submissions in consonance with the While advancing submissions in consonance with the present stage. grounds raised in CRR-2289-2025, the complainant grounds raised in CRR has further contended omplainant has further contended that both the investigating agency as well as the learned Court below have that both the investigating agency as well as the learned Court below have that both the investigating agency as well as the learned Court below have that both the investigating agency as well as the learned Court below have 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 12 failed to appreciate the material available on record in its true perspective failed to appreciate the material available on record in its true perspective failed to appreciate the material available on record in its true perspective failed to appreciate the material available on record in its true perspective and have illegally omitted several accused persons from the array of and have illegally omitted several accused persons from the array of and have illegally omitted several accused persons from the array of and have illegally omitted several accused persons from the array of ccused while simultaneously diluting the gravity of the offences by accused while simultaneously diluting the gravity of the offences by ccused while simultaneously diluting the gravity of the offences by ccused while simultaneously diluting the gravity of the offences by It has deleting serious penal provisions from the FIR and the final report. It has deleting serious penal provisions from the FIR and the final report. deleting serious penal provisions from the FIR and the final report. further been argued that the investigating agency has committed a manifest further been argued that the investigating agency has committed a manifest further been argued that the investigating agency has committed a manifest further been argued that the investigating agency has committed a manifest manner by discharging and omitting illegality and acted in an arbitrary manner by discharging and omitting manner by discharging and omitting illegality and acted in an arbitrary several specifically named accused persons despite the fact that the FIR several specifically named accused persons despite the fact that the FIR several specifically named accused persons despite the fact that the FIR several specifically named accused persons despite the fact that the FIR itself, coupled with the status report dated 29.09.2023, clearly establishes itself, coupled with the status report dated 29.09.2023, clearly establishes itself, coupled with the status report dated 29.09.2023, clearly establishes itself, coupled with the status report dated 29.09.2023, clearly establishes their presence and participation at the place of occurrence. The complainant their presence and participation at the place of occurrence. their presence and participation at the place of occurrence. has submitted that Sections 147 and 149 IPC had initially been invoked has submitted that Sections 147 and 149 IPC had initially been invoked has submitted that Sections 147 and 149 IPC had initially been invoked has submitted that Sections 147 and 149 IPC had initially been invoked pondent Nos.2 to during investigation and that all the persons arrayed as respondent Nos.2 to during investigation and that all the persons arrayed as res during investigation and that all the persons arrayed as res 6 in CRR- 2025 have themselves admitted their presence at the -1437-2025 have themselves admitted their presence at the 2025 have themselves admitted their presence at the incident took place. According to hospital premises where the alleged incident took place. According to incident took place. According to hospital premises where the alleged respondent No.2, once the presence and assembly of the accused persons at respondent No.2, once the presence and assembly of the accused persons at respondent No.2, once the presence and assembly of the accused persons at respondent No.2, once the presence and assembly of the accused persons at the scene of occurrence stood admitted, the investigating agency could not the scene of occurrence stood admitted, the investigating agency could not the scene of occurrence stood admitted, the investigating agency could not the scene of occurrence stood admitted, the investigating agency could not have arbitrarily excluded the applicability of the offences relating to have arbitrarily excluded the applicability of the offences relating to have arbitrarily excluded the applicability of the offences relating to have arbitrarily excluded the applicability of the offences relating to nlawful assembly and common object. unlawful assembly and common object. It has further been contended that despite the existence of It has further been contended that despite the existence of It has further been contended that despite the existence of specific allegations pertaining to snatching and use of force, the specific allegations pertaining to snatching and use of force, the specific allegations pertaining to snatching and use of force, the specific allegations pertaining to snatching and use of force, the investigating agency, in a wholly mala fide investigating agency, in a wholly and unjustified manner, deleted and unjustified manner, deleted B IPC from the case vide status report dated the offence under Section 379-B IPC from the case vide status report dated B IPC from the case vide status report dated the offence und 29.09.2023 submitted before the learned Court below. The complainant has 29.09.2023 submitted before the learned Court below. 29.09.2023 submitted before the learned Court below. alleged that such deletion of serious penal provisions was not based upon alleged that such deletion of serious penal provisions was not based upon alleged that such deletion of serious penal provisions was not based upon alleged that such deletion of serious penal provisions was not based upon but was indicative of a any fair or objective assessment of the evidence, but was indicative of a any fair or objective assessment of the evidence, any fair or objective assessment of the evidence, ersons from the rigours of law. deliberate attempt to shield the accused persons from the rigours of law. ersons from the rigours of law. deliberate attempt to shield the accused p 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 13 has also specifically assailed the exclusion of private The complainant has also specifically assailed the exclusion of private has also specifically assailed the exclusion of private The complainant Prem Lata from the array of accused persons despite respondent – Prem Lata from the array of accused persons despite Prem Lata from the array of accused persons despite respondent ons in the FIR attributing to her active instigation, categorical allegations in the FIR attributing to her active instigation, ons in the FIR attributing to her active instigation, categorical allegati exhortation and provocation to commit the assault, including exhortations exhortation and provocation to commit the assault, including exhortations exhortation and provocation to commit the assault, including exhortations exhortation and provocation to commit the assault, including exhortations to kill the complainant. It has been argued that notwithstanding the grave to kill the complainant. It has been argued that notwithstanding the grave to kill the complainant. It has been argued that notwithstanding the grave to kill the complainant. It has been argued that notwithstanding the grave st her, the investigating and specific nature of the allegations levelled against her, the investigating and specific nature of the allegations levelled again and specific nature of the allegations levelled again agency, without assigning any cogent justification, chose to exonerate her agency, without assigning any cogent justification, chose to exonerate her agency, without assigning any cogent justification, chose to exonerate her agency, without assigning any cogent justification, chose to exonerate her tainted, selective and from the case, thereby rendering the investigation tainted, selective and from the case, thereby rendering the investigation from the case, thereby rendering the investigation unfair. Assailing the impugned order impugned order further, the complainant has contended that the learned Additional Sessions Judge failed to properly sift, contended that the learned Additional Sessions Judge failed to properly sift, contended that the learned Additional Sessions Judge failed to properly sift, contended that the learned Additional Sessions Judge failed to properly sift, analyse and judicially evaluate the material available on record and analyse and judicially evaluate the material available on record and analyse and judicially evaluate the material available on record and analyse and judicially evaluate the material available on record and mechanically accepted the conclusions drawn by the investigating agency mechanically accepted the conclusions drawn by the investigating agency mechanically accepted the conclusions drawn by the investigating agency mechanically accepted the conclusions drawn by the investigating agency without independently considering despite without independently considerin prima facie despite the material prima facie the commission of additional offences and the involvement of disclosing the commission of additional offences and the involvement of the commission of additional offences and the involvement of the commission of additional offences and the involvement of other accused persons. other accused persons. the Complainant On the strength of the aforesaid submissions, the Complainant On the strength of the aforesaid submissions, has prayed that the impugned order be suitably modified and th has prayed that the e learned be suitably modified and the learned Court below be directed to frame charges under Sections 307, 323, 325, Court below be directed to frame charges under Sections 307, 323, 325, Court below be directed to frame charges under Sections 307, 323, 325, Court below be directed to frame charges under Sections 307, 323, 325, B, 201 and 506 IPC read with Sections 147 and 149 IPC 331, 341, 379-B, 201 and 506 IPC read with Sections 147 and 149 IPC B, 201 and 506 IPC read with Sections 147 and 149 IPC 331, 341, 379 against the accused persons. A further prayer has also been made for against the accused persons. A further prayer has also been made for against the accused persons. A further prayer has also been made for against the accused persons. A further prayer has also been made for ditional accused persons and for summoning respondent Nos.6 to 15 as additional accused persons and for ditional accused persons and for summoning respondent Nos.6 to 15 as ad proceeding against them in accordance with law. proceeding against them in accordance with law. proceeding against them in accordance with law.

6. Learned State counsel has submitted that the investigation in Learned State counsel has submitted that the investigation in Learned State counsel has submitted that the investigation in the present case was conducted by the investigating agency in a fair, the present case was conducted by the investigating agency in a fair, the present case was conducted by the investigating agency in a fair, the present case was conducted by the investigating agency in a fair, 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 14 ulmination thereof, the Final impartial and lawful manner, and upon culmination thereof, the Final impartial and lawful manner, and upon c impartial and lawful manner, and upon c Report/Challan dated 08.02.2024 came to be presented before the learned Report/Challan dated 08.02.2024 came to be presented before the learned Report/Challan dated 08.02.2024 came to be presented before the learned Report/Challan dated 08.02.2024 came to be presented before the learned jurisdictional magistrate strictly in consonance with the material collected jurisdictional magistrate strictly in consonance with the material collected jurisdictional magistrate strictly in consonance with the material collected jurisdictional magistrate strictly in consonance with the material collected , during investigation. It has been further argued that the learned trial Court, during investigation. It has been further argued that the learned trial Court during investigation. It has been further argued that the learned trial Court on charge, has meticulously examined while passing the impugned order on charge, has meticulously examined on charge, has meticulously examined while passing the the entire material available on record & has framed charges only to the the entire material available on record & has framed charges only to the the entire material available on record & has framed charges only to the the entire material available on record & has framed charges only to the extent a prima facie case was discernible against the accused persons. It prima facie case was discernible against the accused persons. It case was discernible against the accused persons. It earned trial Court having acted within has been further submitted that the learned trial Court having acted within earned trial Court having acted within has been further submitted that the l the four corners of settled legal principles, cannot be said to have the four corners of settled legal principles, cannot be said to have the four corners of settled legal principles, cannot be said to have the four corners of settled legal principles, cannot be said to have committed any error, thereby any interference with the impugned order not committed any error, thereby any interference with the committed any error, thereby any interference with the warranted.

7. I have heard learned counsel for the petitioners and the I have heard learned counsel for the petitioners and the I have heard learned counsel for the petitioners and the omplainant and have gone through the record with their able assistance. complainant and have gone through the record with their able assistance. omplainant and have gone through the record with their able assistance.

8. Before adverting to the merits of the , it is to the merits of the revision petitions, it is pertinent to note that there is a delay of 204 days in preferring th pertinent to note that there is e revision delay of 204 days in preferring the revision - petition bearing No.CRR-2289-2025 and a delay of 94 days in filing CRR a delay of 94 days in filing CRR- petition bearing No. 1437-2025. However, having rega

2025. However, having regard to the submissions advanced and upon rd to the submissions advanced and upon circumstances, the said delay in a holistic consideration of the attending circumstances, the said delay in circumstances, the said delay in a holistic consideration of the filing both the revision petitions ought to be filing both the revision petitions e ought to be condoned & the lis ought to be considered on merits thereof. considered on merits thereof.

9. , it would be apposite to refer Before proceeding on merits, it would be apposite to refer , it would be apposite to refer Sanjay Kumar Sharma herein to a judgment passed by this Court titled as Sanjay Kumar Sharma herein to a judgment passed by this Court titled as herein to a judgment passed by this Court titled as vs. State of Haryana; 2024 (3) Law Herald 1971 vs. State of Haryana wherein this Court after Herald 1971; wherein this Court after relying upon the dicta of the judgments of relying upon the judgments of the Hon’ble Supreme Court in the cases of State of Karnataka versus L. Munishwamy: 1977 (3) SCR 133, of State of Karnataka versus L. Munishwamy: 1977 (3) SCR 133, State of Karnataka versus L. Munishwamy: 1977 (3) SCR 133, 2025 (O&M) and CRR-2289-2025 (O&M) 2025 (O&M) CRR-1437-2025 (O&M) 15