SAHAB SINGH vs STATE OF NCT OF DELHI AND ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 20th February, 2025 + CRL.REV.P. 138/2023 & CRL.M.A. 4503/2023 SAHAB SINGH .....Petitioners Through: Mr. Amit Kumar and Mr. Jitender Kumar, Advocates versus STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Ms. Priyanka Dalal, APP for State with SI Deepak, P.S. Mundka Mr. Peeyoosh Kalra and Mr. Yashwant Singh Baghel, Advocates for Amicus Curiae CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant petition under Sections 397/401 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) read with Section 482 of the Cr.P.C. (now under Section 438 read with Sections 442 and 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) has been filed on behalf of the petitioners seeking setting aside of the impugned order dated 27th October, 2022, passed by the learned Additional Sessions Judge (FTSC) RC-01, West District, Tis Hazari Court (hereinafter “ASJ”) in SC No. 337/22, arising out of FIR No. 292/2022, dated 27th January, 2022, registered at Police Station - Mundka, Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR CRL.REV.P. 138/2023 Page 1 of 12 Signing Date:03.03.2025 18:13:04 Delhi. 2. The brief facts of the case are that the petitioner no. 1 is a contractor, under whom the prosecutrix was working as a laborer. It is alleged that the prosecutrix was in a relationship with the petitioner no.1 who had assured her that he would marry her and take care of her as well as her children. Based on the said assurance, the prosecutrix stated that she consented to enter in a physical relationship with him. 3. It is further alleged that the petitioner no. 1 continued to be in relationship with the prosecutrix for seven years and also took control over the p