SURENDER KUMAR vs STATE (NCT OF DELHI) & ANR.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 26th September, 2025 Pronounced on: 12th January, 2026 + CRL. M.C. 870/2021 SH. SURENDER KUMAR R/o D-475, Pipe Line Road, Behta-Hazipur, Loni, Ghaziabad-201102 .....Petitioner Through: Mr. Ayush Shrivastava, Ms. Sneha P Mandal, Advocates versus 1. STATE NCT OF DELHI Through SHO, P.S. Vijay Vihar, Rohini, New Delhi. 2. SMT. “S” W/o Sh. Nirmal Goyal, R/o D-1/78, Sector-1, Rohini, Avantika, Delhi-110063 .....Respondents Through: Mr. Shoaib Haider, APP for the State with Insp. Manohar Lal SHO PS Vijay Vihar with SI Rajesh Kumar Mr. Varun Mehlawat Advocate for Respondent no.2 CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. 1. A Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed on behalf of the CRL.M.C. 870/2021 Page 1 Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:12.01.2026 17:26:52 Petitioner/Surender Kumar to challenge the Order dated 17.04.2018 of the learned Special Judge, POCSO, New Delhi in Case bearing N.SC/741/2017, FIR No.654/2017, Police Station Vijay Nagar, Delhi, holding that there was a prima facie case made out under Section 509 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and consequently formal charges were framed on and 21.04.2018; and further against the Order dated 20.07.2019 whereby the Charge was amended and Section under Section 12 Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) read with Section 11 POCSO Act, was added against the Petitioner. 2. Briefly stated, the Petitioner is the maternal grandfather (Nana) of the victim. He is the father of Smt. “P”, who got married to Rakesh Kumar accordin