IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL APPELLATE JURISDICTION
Crl. Appeal No. ________Of 2018
In the matter of:
….Appellant
Versus
…Respondents
APPEAL UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 AGAINST THE
ORDER DATED SEEKING THE
QUASHING OF IMPUNGED ORDER
Most Respectfully Showeth:-
1. The Applicant/ Appellant herein has moved the present Appeal
challenging the Order dated ( hereinafter the “said Order”)
passed, Learned Additional Session Judge. A Copy of Order
dated is annexed as Annexure-A
2. The Appellant is filing this appeal against the said Order date in
view of the fact that the Honbl’e trial court has dismissed the
Revision Petition ( ).Furthermore the Appellant states that
the Honb’le Trial Court has wrongly dismissed the Revision
Petition without out taking note of the facts and medical report of
the Accused.
3. The facts of the present case are:
a.
3. Being aggrieved with the Impugned Order dated the Appellant
herein prefers this appeal on the following grounds:
1) Because the learned trial court has not appreciated the
fact that the - was not a minor, when he
caused the death of , son of the present Appellant .
2) Because the fact that Juvenile Justice Board did not
exercise proper discretion while admitting the
accused on bail and without verifying the medical
opinion presented by the test reports and went ahead
with the release.
3) The trial court had even not taken into consideration
the evidence made by the brother (deceased)
who saw his brother falling on the ground after being
hit by the a blunt object(on the head) by the accused
and ran to call his mother.
4) The trial court had also not taken into consideration the
facts provided/ evidence made by the mother of the
deceased who came to the place of incident rafter her
younger son told her about the incident. She saw the
accused sitting on the deceased and hitting him.
5) The medical examination of Accused (X-ray and
Ossification Test ) was conducted i.e after a gap of
76 days . A copy of medical examination dated is
annexed as Annexure- D and A copy of medical
examination of the deceased annexed as Annexure –E.
6) That the Order dated was not challenged by the
Appellant where in the question of Juvenility of the
Accused was raised .The Court failed to appreciate the
test reports of the Ossification Test conducted on the
accused on was also not considered by the trial
court .A copy of the Order is annexed as Annexure –
F.
7) It is declared that no appeal against the impugned order
has been filed in any other court or in this Hon’ble
Court.
8) That the appellant craves leave to add to, delete modify
or alter any of the aforesaid ground of appeal.
PRAYER
It is therefore most humbly prayed that the impugned order
dated of Ld. ASJ, New Delhi in case FIR No
, U/s 304 of IPC may be quashed and set aside and
consequently this Hon’ble Court may be pleased to Pass any
further Orders .
Appellant
