SATISH @SATBHAGWAN vs THE STATE N.C.T OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 08.04.2025 + CRL.M.C. 2213/2025 & CRL.M.A. 9940/2025 SATISH @SATBHAGWAN .....Petitioner Through: Mr. Pradeep Rana, Mr. Gagan Bhatnagar, Mr. Ankit Rana, Mr. Deepak Chhillar, Mr. Rahul Prashar and Ms. Riva Rana, Advocates versus THE STATE N.C.T OF DELHI .....Respondent Through: Mr. Naresh Kumar Chahar, APP for the State with Mr. Naveen Saini, Advocate and with Inspector Neetu and SI Jyoti, P.S. Kanjhawala. CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. By way of this petition, the petitioner assails the order dated 19.03.2025 [hereafter ‗impugned order‘], passed by the learned Additional Sessions Judge, North-West, Rohini Courts, New Delhi [hereafter ‗Trial Court‘] vide which the application preferred by the petitioner under Section 348 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter ‗BNSS‘], seeking summoning of a witness namely CRL.M.C. 2213/2025 Page 1 of 11 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:08.04.2025 18:54:40 Ms. Priyanka Sehgal, was dismissed, in case arising out of FIR No. 378/2013, Police Station Kanjhawala, North-West, Delhi. 2. Briefly stated, the facts of the present case are that on 17.11.2013, pursuant to receipt of a PCR call, the police had reached the spot and found that the villagers of the area had caught hold of a man, i.e. the present petitioner Satish, who had been beaten up by the members of public. Upon enquiring, the police was informed that the petitioner had entered the house of one Deepak at night (for committing theft) and had caught hold of the prosecutrix. The medical examination of the prosecutrix was conducted at Sanjay Gandhi Memorial Hospital, Mangolpuri. Upon a complaint being lodged b