YOGESH GUPTA vs STATE (NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: February 03, 2025 Pronounced on: April 30, 2025 + CRL.M.C.671/2017&CRL.M.A.2850/2017,CRL.M.A. 29604/2018 YOGESH GUPTA .....Petitioner Through: Mr. Sunil K. Kalra, Mr. Mradul Sharma, Advocates. versus STATE (NCT OF DELHI) .....Respondent Through: Mr. Shoaib Haider, APP for the State with SI Mahendra Patil, PS Narela. Ms. Kamna Vohra, Advocate for Intervenor/BBA. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. The present Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.P.C.’) read with Article 227 of Constitution of India, for quashing/setting aside the impugned Order dated 26.11.2016, of Additional Sessions Judge (ASJ), Delhi, upholding the Order dated 14.10.2015 of Ld. MM vide which cognizance was taken and Order dated 06.08.2016 vide which Charges were framed under Section 23 Juvenile Justice Care and Protection of Children Act 2000 (hereinafter referred to as „JJ Act‟)and Section 3/7/14 of the Child Labour (Prohibition and Regulation) Act 1986. Signature Not Verified Signed By:ANIL CRL.M.C. 671/2017 Page 1 of 13 KUMAR BHATT Signing Date:01.05.2025 14:34:22 2. Briefly stated, in a raid conducted on 18.09.2013 at 11:30 AM, under the supervision of SDM Narela in collaboration with NGO, Bachpan Bachao Andolan, (who are also the interveners) at the Slippers factory of the Petitioner, at 1577 DSIDC, Narela, Delhi, two children aged about 16 years and 13 years, were found working in the Factory. They were rescued and handed over by the SHO, PS Narela to the Child Welfare Committee. 3. SDM made a Complaint dated 18.09.2013 on which FIR 625/2013 under Section 23/26 J.J. Act and Section 3/7/14 of the Child Labour (Prohibi