CHITRANSHU PANDEY vs THE STATE NCT OF DELHI

Judgment text excerpt

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.01.2025 + CRL.M.C. 82/2025 & CRL.M.A.1133/2025 CHITRANSHU PANDEY .....Petitioner Through: Mr. Chandra Shekhar Yadav, Advocate versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Raj Kumar, APP for the State CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J (ORAL) 1. The present petition under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter ‘BNSS’) has been filed on behalf of the petitioner seeking quashing of the impugned order dated 10.12.2024 passed under Section 82 of the Code of Criminal Procedure, 1973 (hereafter ‘Cr.P.C.’) read with Section 84 of BNSS in case arising out of FIR bearing no. 340/2024 for offence punishable under Section 110/351(2)/331(8)/191/3(5)/61(2)A/70(1)/ 74(1) of BNS, 2023 and Section 8 of the Protection of Children from Sexual Offences Act, 2012 (hereafter ‘POCSO Act’), registered at Police Station New Ashok Nagar, Delhi. 2. Briefly stated, the facts of the present case are that on 11.08.2024, a PCR call vide DD No.21A regarding quarrel was Signature Not Verified CRL.M.C.82/2025 Page 1 of 4 Digitally Signed By:AANCHAL TAGGAR Signing Date:27.01.2025 19:02:23 received at Police Station New Ashok Nagar, upon which the police officials had reached the spot, where they had found that injured complainant ‘K’ and Smt. Sunita had been taken to the LBS Hospital through PCR van. Thereafter, the complainant ‘K’ alongwith her mother and brother had come to the police station and her statement was recorded wherein she stated that there was a property dispute between them and her Uncle (Tau) namely Ram Vilash and due to this reason, Ram Vilash alongwith his three sons namely Chitranshu, Priyanshu and Betu had come to her house