X vs STATE OF NCT OF DELHI & ANR

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 13.10.2025 + CRL.M.C. 4267/2019 & CRL. M.A. 34550/2019 X .....Petitioner Through: Mr. Sahil Gupta and Mohd. Ranu, Advocates versus STATE OF NCT & ANR. .....Respondents Through: Mr. Manoj Pant, APP for State along with SI Neetu Mr. Sunil Dalal, Senior Advocate with Mr. B. S. Jakhar, Mr. Vikram Singh Jakhar, Ms. Bhawna Jakhar, Mr. Neeraj Jakhar, Mr. Viraj Rathee and Mr. Nikhil Beniwal, Advocates CORAM: HON'BLE DR. JUSTICE SWARANA KANTA SHARMA JUDGMENT DR. SWARANA KANTA SHARMA, J 1. The petitioner-complainant has challenged, by way of present petition, the order dated 27.05.2019 [hereafter „impugned order‟] passed by the learned Additional Sessions Judge-03, South East, Saket Courts, Delhi [hereafter „Sessions Court‟] in CR No. 204631/2016 wherein the learned Sessions Court was pleased to set aside the order dated 09.02.2016 passed by the learned Metropolitan Magistrate-01, Mahila Court, South East, Saket Courts, Delhi Signature Not Verified Digitally Signed CRL.M.C. 4267/2019 Page 1 of 15 By:ZEENAT PRAVEEN Signing Date:16.10.2025 19:13:44 [hereafter „Magistrate‟], taking cognizance of offences punishable under Sections 354/354(D)/323/342/509/365 of the Indian Penal Code, 1860 [hereafter „IPC‟] against the accused i.e. respondent 2 herein and summoning him, despite a cancellation report having been filed by the police authorities qua him, in case arising out of FIR bearing no. 151/2014, registered at Police Station CR Park, Delhi for the commission of aforesaid offences. 2. This judgment, however, is confined to deciding the maintainability of the revision petition filed by the respondent no. 2 under Section 397 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟] before learned Sessions Court,