DHANRAJ AND ORS vs STATE (GOVT. OF NCT OF DELHI)

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 28th February, 2025 + CRL.REV.P. 338/2023 & Crl.M.As.8375-76/2023 DHANRAJ AND ORS ....Revisionists Through: Mr. R.S. Kaushik and Mr. Basab Sengupta, Advocates versus STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Satish Kumar, APP for the State with SI Vineet Kumar Mr. Joginder Tuli, Ms. Joshini Tuli and Ms. Aastha Sharma, Advocates for complainant with complainant in person through vc CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [earlier Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter as the “Code”)] has been filed on behalf of the petitioners seeking setting aside of the order dated 21st November, 2022 (hereinafter “impugned order”) passed by the learned Additional Sessions Judge, Special Fast Track Court, South District, Saket Courts, Delhi (hereinafter “ASJ”), wherein, charges were framed against the petitioners under Sections 376(D) of the Indian Penal Signature Not Verified Digitally Signed CRL.REV.P. 338/2023 Page 1 of 14 By:GAURAV SHARMA Signing Date:05.03.2025 18:51:29 Code, 1860 (hereinafter “IPC”) amongst others, arising out of FIR bearing no. 1515/15 registered at Police Station – Neb Sarai, Delhi.. 2. The brief facts of the case are that the petitioner nos. 2 and 3, namely, Mr. Lalit and Mr. Vishal, are the sons of petitioner no. 1 i.e., Mr. Dhanraj. The complainant is the wife of petitioner no. 1’s brother and she has a son namely Mr. D. 3. It is alleged that a property dispute between the complainant and the petitioners has been persisting since the year 2002. On 21st October, 2015, a quarrel took pl