STATE vs VIKASH KUMAR

Judgment text excerpt

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. Signature Not Verified Signed By:SHIKHA SEHGAL CRL.REV.P. 133/2023 Page 1 of 13 Signing Date:16.12.2025 19:38:38 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 be put up before the learned Principal District and Sessions Judge with a request for transferring the same to the court having appropriate jurisdiction. 3. Briefly stated, the FIR in the present case was recorded pursuant to a complaint made by the prosecutrix. It is alleged that on 09.01.2020, the prosecutrix was visiting her brother at his house in Rajender Park Extn., Nangloi, Delhi. It is alleged that on the same day around 2:30pm, while the prosecutrix was having a conversati