PRABHU DAYAL vs STATE, NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 27th January, 2025 + CRL.REV.P. 186/2023, Crl.M.As.4599-4600/2023 & 31196-97/2023 PRABHU DAYAL .....Petitioner Through: Mr. Jitender Sethi, Senior Counsel with Mr. Hemant Gulati and Mr. Shobit Dimri, Advs. versus STATE, NCT OF DELHI .....Respondent Through: Mr. Raghuinder Verma, APP for the State along with Insp. Satbir Singh, P.S. Jaitpur. Mr. H. S. Gautam and Ms. Neha Singh, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant revision petition is filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) seeking setting aside of the Order dated 13th March, 2020 and Order dated 25th August, 2022 qua the petitioner passed by the learned Additional Sessions Judge, South East District, New Delhi (hereinafter “ASJ”). 2. The brief facts of the case are that the petitioner along with other co- accused entered the house of the prosecutrix and allegedly physically assaulted the prosecutrix and her family members. It is also alleged that the Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR CRL.REV.P. 186/2023 Page 1 of 11 Signing Date:06.02.2025 18:34:21 petitioner misbehaved with the prosecutrix and took away valuable articles from her house. 3. Accordingly, the instant FIR dated 7th May, 2016 was registered against the petitioner and other co-accused, and vide Order dated 13th March, 2020, the learned ASJ held that a prima facie case is made out against the petitioner under Sections 376D/323/354/427/452/395/509/149 of the Indian Penal Code, 1860 (hereinafter “IPC”). 4. Thereafter, vide Order dated 25th August, 2022, charges were framed against the petitioner along with other co-accused under