Delhi High Court - Orders
Tasleem Ahmad Khan vs State Nct Of Delhi And Anr on 19 October, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 1120/2023
TASLEEM AHMAD KHAN ..... Petitioner
Through: Mr. Harsh Prabhakar, Ms. Anjana
Prabhakar, Mr. Dhruv Chaudhry and
Mr. Adeeb Ahmad, Advocates
versus
STATE NCT OF DELHI AND ANR ..... Respondent
Through: Mr. Hitesh Vali, APP for State with
PSI Kajal Tyagi, P.S. Paharganj.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 19.10.2023 [The proceeding has been conducted through Hybrid mode] CRL.M.A. 28733/2023
1. Exemption allowed subject to all just exceptions.
2. The application stands disposed of.
CRL.REV.P. 1120/2023 & CRL.M.A. 28732/2023 (Stay)
3. This is a revision petition under Section 397 read with Section 401 Cr.P.C., 1973 seeking setting aside of orders dated 04.07.2023 and 16.08.2023, passed by learned ASJ, FTSC (RC) District Central, Tis Hazari Courts, Delhi in proceedings titled State vs. Taslim Ahmad Khan & Anr in SC No. 920/2019 arising out of FIR No. 236/2019 under Sections 376/328/354 IPC, 1860, registered at Police Station CRL.REV.P. 1120/2023 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 02:45:43 Pahar Ganj.
4. Learned counsel appearing for the petitioner submits that admittedly, the alleged sexual assault upon the complainant/ prosecutrix was stated to have been committed sometime in the months of November and December, 1989 and it is only on 04.08.2019 that the aforesaid FIR under Section 37 IPC, 1860 was registered at the behest of the complainant/ prosecutrix.
5. Learned counsel submits that even assuming, though without admitting, that the prosecutrix was a minor on the date of the incident, there was no reason why the prosecutrix could not have registered the FIR in the interregnum period of 30 years.
6. Learned counsel also submits that there is something seriously amiss, in that, the husband of the prosecutrix also happens to be subordinate to the petitioner in Delhi Development Authority where both are stated to be the employees.
7. Learned counsel also submits that the entire FIR appears to be motivated and was filed just six months prior to the superannuation of the petitioner. He submits that due to such complaint and the subsequent registration of the FIR, the retiral benefits of the petitioner also have been now stuck.
8. Issue notice.
9. Notice accepted by Mr. Hitesh Vali, learned APP for State who seeks and is granted four weeks' time to file the status report. An advance copy to the same be furnished to learned counsel for the petitioner, who may file rejoinder/response thereto, within four weeks, thereafter.
CRL.REV.P. 1120/2023 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 02:45:43
10. Upon petitioner taking steps within a week, notice be served upon the respondent no.2 by all permissible modes.
11. Reply, if any, be filed within four weeks from the date of service with an advance copy to learned counsel for the petitioner. Rejoinder, thereto if any, be filed within four weeks, thereafter, with an advance copy to learned counsel for the respondent no.2.
12. It is submitted that there is another Criminal Revision Petition bearing No.1039/2023 of the co-accused is listed for consideration before this Court on 11.01.2024.
13. Accordingly, list this petition on 11.01.2024 alongwith Crl.Rev.P. 1039/2023.
14. In the meanwhile, learned Trial Court shall record the examination-in-chief of the prosecutrix and keep her cross- examination in abeyance. The learned Trial Court is at liberty to proceed with the evidence of other witnesses.
TUSHAR RAO GEDELA, J OCTOBER 19, 2023 Aj CRL.REV.P. 1120/2023 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/10/2023 at 02:45:44