MR. VIDHAN vs STATE OF NCT OF DELHI

Judgment text excerpt

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.04.2025 + CRL.M.C. 2248/2025 MR. VIDHAN .....Petitioner Through: Mr. Rohit Sahrawat, Mr. Deepanshu. Goswami and Mr. Kirti Chauhan, Advocates versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State with SI Dinesh Kumar PS NIA. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J (ORAL) CRL.M.A. 10042/2025 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. CRL.M.C. 2248/2025 & CRL.M.A. 10041/2025 3. The petitioner, by way of this petition, has assailed the order dated 19.03.2025 [hereafter „impugned order’], passed by the learned Additional Sessions Judge (POCSO), North, Rohini Court, Delhi [hereafter „Trial Court‟]vide which the application preferred by the petitioner under Section 348 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter „BNSS‟]/ Section 311 of the Code of Signature Not Verified CRL.M.C. 2248/2025 Page 1 of 10 Digitally Signed By:ZEENAT PRAVEEN Signing Date:05.05.2025 15:10:12 Criminal Procedure, 1973 [hereafter „Cr.PC‟] has been dismissed. 4. Issue notice. Mr. Naresh Kumar Chahar, the learned APP accepts notice on behalf of the State. 5. Briefly stated, the facts of the present case are that on 24.06.2023, the complainant „S‟ i.e. victim‟s mother had made a PCR vide DD No. 31A, which was received at Police Station Narela Industrial Area, Delhi. Thereafter, the statement of the victim „K‟ had been recorded by the police officials, in front of her mother „S‟ and a counsellor. The victim disclosed that she used to live with her mother, brother and her step-father, and her mother used to work as a cart picker and her father worked as a loader. She alleged that when her mo