ANIL KUMAR BHARTI vs STATE OF NCT OF DELHI & ANR.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 17.01.2025 + CRL.M.C. 4356/2022 ANIL KUMAR BHARTI .....Petitioner Through: Mr. Kriti Ranjan, Mr. Kumar Gaurav and Mr. Tanishq Sharma, Advocates versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Rajkumar, APP for the State Mr. L.S. Chaudhary Mr. Ajay Chaudhary, Mr. Bharat Chaudhary, Mr. Vikram Singh, Mr. Anirudh Sharma and Ms. Ayushi Gupta, Advocates for respondent no. 2. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (hereafter „Cr.P.C.‟) has been filed on behalf of the petitioner seeking quashing of order dated 30.08.2022 passed by the learned Additional Sessions Judge-06 (West), Tis Hazari Court, Delhi in case arising out of FIR bearing No. 28/2022 dated 05.01.2022 registered at Police Station Mundka for offence punishable under CRL.M.C. 4356/2022 Signature Not Verified Page 1 of 3 Digitally Signed By:AANCHAL TAGGAR Signing Date:29.01.2025 18:08:51 Sections 363/366/323/344/376/506/120B/34 of Indian Penal Code, 1860 and Section 6/17/21 of the Protection of Children from Sexual Offences Act, 2012 („POCSO Act‟). 2. The petitioner herein had preferred an anticipatory bail application before this Court i.e., which was disposed of vide order dated 02.08.2022. The relevant portion of the said order is set out below: “6. It has been submitted that charge-sheet stands filed on 06.06.2022. The present applicant/accused is Fufa of the main accused namely Shubham Kumar, who is alleged to have eloped with the prosecutrix. 7. The main accused is lodged in Jail. The present applicant/accused was not arrested and he has joined the investigation. Since the charge-sheet stands filed wit