RADHA KUSHWAHA vs STATE (NCT OF DELHI)

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 27th February, 2025 Pronounced on: 16th April, 2025 + CRL.M.C. 1075/2025 RADHA KUSHWAHA .....Petitioner Through: Mr. Joginder Tuli, Ms. Joshini Tuli, Ms. Victoria Neri and Ms. Tanuja Qureshi, Advs. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Ajay Vikram Singh, APP for the State. SI Dharamveer, P.S. Chhawla. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’) and Section 528 of the Bharatiya Nagrika Suraksha Sanhita, 2023 (for short, ‘BNSS’) has been filed seeking the following prayers: - Signature Not Verified Digitally Signed By:SHIWANI NEGI CRL.M.C. 1075/2025 Page 1 of 20 Signing Date:18.04.2025 16:01:11 “a) Set aside the order dated 10.02.2025 passed by the Ld. ASJ, Dwarka District Court Courts, New Delhi being erroneous, illegal and arbitrary in SC No. 440975/2016 registered U/s 302/120B IPC at P.S. Chhawla in FIR No. 130/2012 and direct CRL.M.C.-1075- 2025 28 the Ld. Trial Court to record the deposition of the Petitioner as an approver/accomplice in the present case and grant Petitioner tender of pardon; and b) Issue directions to the Ld. Trial Court to discard the earlier evidence affidavits in terms of Section 3 of the Indian Evidence Act and consider and appreciate the Evidence Affidavit filed on record on dated 08.11.2024 before the Ld. Trial Court and decide the Application u/s 306 and 307 CRPC,1973 of the Petitioner Afresh; and c) Pass any other order which this Hon’ble Court may deem fit in the interest of justice.” 2. The present petition has been filed challenging the order dated 10.02.2025 passed by the learned Trial Court dismissing the 4 th application filed on behalf of