STATE vs VIKASH KUMAR

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:28.11.2025 Judgment delivered on:15.12.2025 CRL.REV.P. 133/2023 STATE .....Petitioner versus VIKASH KUMAR .....Respondent Advocates who appeared in this case: For the Petitioner : Through: Mr. Ritesh Kumar Bahri, APP for the State with Ms. Divya Yadav and Mr. Vinesh Kumar, Advs. with SI Jitender Kumar and SI Sunder Singh, PS Nangloi. For the Respondent : CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) against order dated 14.09.2022 (hereafter ‘impugned order’) passed by the learned Additional Sessions Judge (‘ASJ’) in SC No. 91/2021 arising out of FIR No. 22/2020 registered at Police Station Nangloi. 2. By the impugned order, the learned ASJ discharged the respondent for the offence under Section 376 of the Indian Penal Code, 1860 (‘IPC’). However, noting that prima facie sufficient evidence was there against the accused persons for the commission of offences under Sections 323/ 341/ 354A/ 354B/ 506/ 109/ 34 of the IPC, which are triable by the Magistrate, the learned ASJ directed that the file b