SMT RENU GARG & ANR. vs THE STATE

Judgment text excerpt

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 10th January, 2025 + CRL.M.C. 1909/2021 SMT RENU GARG W/o Shri Naresh Kumar Garg, R/o 32/77, IInd Floor, Near Vishram Chowk, Rohini, Delhi-110085 SH. NARESH GARG S/o Shri Late Jai Narain Garg, R/o 32/77, IInd Floor, Near Vishram Chowk, Rohini, Delhi-110085 .....Petitioners Through: Mr. Shiv Chgaran Garg & Mr. Imran Khan, Advocates Versus THE STATE .....Respondent Through: Mr. Shoaib Haider, Ld. APP for the State with SI Sangam Yadav, P.S. Mayur Vihar CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. A Criminal Petition under Section 482 of the Criminal Procedure Code, 1973 read with Article 227 of the Constitution of India, 1950 has been filed to challenge the order dated 17.02.2021, vide which Charge under Signature Not Verified Digitally Signed CRL.M.C. 1909/2021 Page 1 of 10 By:VIKAS ARORA Signing Date:30.01.2025 19:05:31 Sections 363/370 read with Section 120B of the Indian Penal Code, 1860 and Sections 80 & 81 of Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter ‘JJ Act’) has been framed against the Petitioners. 2. The case of the prosecution is that on 19.08.2020 at about 02:00 PM, secret information was received by ASI Shailesh that one lady, Shahida, who is in the business of sale and purchase of children, has purchased a child of two-three months old, whom she would be bringing at Gazipur- Noida Road, New Barat Ghar Chilla Village for the purpose of selling. Accordingly, a raid was organized. The lady Shahida with a child in her lap, came at the spot and she was identified by the informant. She waited at the spot for about 20 minutes, but none came. As she was seen intending to leave, the raiding party apprehended her along with the child. 3. On en