SH NARENDRA KUMAR VASHISHTHA vs THE STATE GOVT N C T OF DELHI

Judgment text excerpt

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 17.03.2025 + CRL.M.C. 1775/2025, CRL.M.A. 7991/2025 SH NARENDRA KUMAR VASHISHTHA .....Petitioner Through: Mr. Gaurav Dalal, Adv. versus THE STATE GOVT NCT OF DELHI .....Respondent Through: Ms. Kiran Bairwa, APP with SI Anuradha tyagi and SI Vandana, PS Madhu Vihar. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J. (ORAL) 1. This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to assail the Order dated 16.11.2024 passed by the learned Additional Sessions Judge (SC-RC), East District, Karkardooma Courts, Delhi (“Trial Court”) whereby the application moved by the Prosecutrix under Section 311 of the Code of Criminal Procedure, 1973 (“CrPC”) for the cross-examination of the Petitioner, who had appeared as DW-1 before the learned Trial Court, has been allowed. 2. Mr. Gaurav Dalal, learned counsel for the Petitioner submits that the Petitioner was falsely implicated in the FIR No. 1549/2014 dated 26.12.2014, registered at Police Station Madhu Vihar for the Signature Not Verified Digitally Signed CRL.M.C.1775/2025 Page 1 of 6 By:NEELAM Signing Date:20.03.2025 11:50:16 offences under Sections 376 & 506 of the Indian Penal Code, 1860. He submits that after filing of the Chargesheet, the Prosecutrix on 19.03.2024 filed an application under Section 311 of the CrPC seeking cross-examination of the Petitioner, which was vide Impugned Order wrongly allowed by the learned Trial Court. 3. Learned counsel for the Petitioner challenges the Impugned Order on two grounds, one, that in the said application of the Prosecutrix, no valid reason for further cross-examination of the Petitioner was provided. Second, that allowing of the application, after closing of Defence Evid