Delhi High Court - Orders
Ms Rajni Khanduja vs State Of Nct Delhi & Anr on 9 October, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~61 & 62
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7351/2023
MS RAJNI KHANDUJA ..... Petitioner
Through: Ms. Rebecca John, Senior Advocate
with Ms. Tara Narula, Mr.
S.Debabrata Reddy, Mr. Harsh
Vardhan Jain, Ms. Anushka Baruah,
Mr. Nilanjan Dey and Ms. Priya
Sahil, Advocates.
versus
STATE OF NCT DELHI & ANR. ..... Respondents
Through: Mr. Mukesh Kumar, APP for State
with SI Dharam Singh, PS-K.M. Pur
and SI Yudhveer Yadav, PS-Hauz
Khas.
62
+ CRL.M.C. 7352/2023
ADITYAN NAIR ..... Petitioner
Through: Ms. Rebecca John, Senior Advocate
with Ms. Tara Narula, Mr.
S.Debabrata Reddy, Mr. Harsh
Vardhan Jain, Ms. Anushka Baruah,
Mr. Nilanjan Dey and Ms. Priya
Sahil, Advocates.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Mukesh Kumar, APP for State
with SI Dharam Singh, PS-K.M. Pur
CRL.M.C. 7351/2023 & Conn. matters Page 1 of 3
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and SI Yudhveer Yadav, PS-Hauz
Khas.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 09.10.2023 [The proceeding has been conducted through Hybrid mode] CRL.M.A. 27412/2023 & CRL.M.A. 27415/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The applications stand disposed of.
CRL.M.C. 7351/2023 & CRL.M.A. 27411/2023 (for interim relief) CRL.M.C. 7352/2023 & CRL.M.A. 27414/2023 (for interim relief)
3. These are petitions under Section 482 Cr.P.C., 1973 seeking partial quashing of chargesheet dated 10.03.2023 registered as SC No. 122/2023 filed in FIR bearing No. 21/2023 under Sections 377/506 of IPC, 1860 and Section 4/8/12/21 of POCSO Act, 2012 registered at PS-Hauz Khas and summoning/cognizance order dated 13.03.2023 passed in the SC No. 122/2023 by the learned ASJ (POCO), District South, Saket Court, Delhi qua the petitioners and proceeding emanating therefrom.
4. Ms. Rebecca John, learned Senior Counsel appears for the petitioners and submits that the petitioners are professional counsellor and Teacher respectively employed in the school and as such, were dealing with the victim on a professional basis.
5. Ms. John, learned Senior Counsel submits that the disclosures made by the child are of a confidential nature, which according to their vocation and occupation, the petitioners are prohibited from CRL.M.C. 7351/2023 & Conn. matters Page 2 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 10/10/2023 at 22:55:24 ordinarily disclosing to any person.
6. Ms. John, learned Senior Counsel also submits that the allegations of the offences complained of by the victim, were already known to the parents and, therefore, there is no such imputation/ accusation forming the ingredients of Section 19 r/w Section 21 POCSO Act, 2012 against the petitioners before this Court.
7. Learned Senior Counsel submits that as such, the FIR and the chargesheet in part qua the petitioners ought to be quashed.
8. Issue notice. Notice is accepted by Mr. Mukesh Kumar, learned APP for State, who seeks and is granted four weeks time to file the status report. An advance copy of the same be also furnished to Ms. Tara Narula, learned counsel appearing for the petitioners.
9. List on 15.12.2023.
10. In the meanwhile, the proceedings qua the petitioners shall remain in abeyance till the next date of hearing.
11. In case the State is of the opinion that the presence of the petitioners is required before the learned Trial Court, an appropriate application may be moved before this Court.
12. It is made clear that the proceedings qua the principal accused shall continue in accordance with law.
TUSHAR RAO GEDELA, J OCTOBER 9, 2023/nd CRL.M.C. 7351/2023 & Conn. matters 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 10/10/2023 at 22:55:24