State Through Dcp, Outer District, ... vs Rakesh Aggarwal on 13 January, 2023

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Delhi High Court - Orders

State Through Dcp, Outer District, ... vs Rakesh Aggarwal on 13 January, 2023

Bench: Anup Jairam Bhambhani

                          $~47
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.REV.P. 36/2023 & CRL.M.A.951/2023, CRL.M.A.952/2023
                                 STATE THROUGH DCP, OUTER DISTRICT, DELHI..... Petitioner
                                              Through: Mr. Tarang Srivastava, APP for the
                                                       State with W/S.I. Surbhi Aggarwal,
                                                       P.S: Paschim Vihar (East).
                                              versus
                                 RAKESH AGGARWAL                          ..... Respondent
                                              Through:
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                 ORDER

% 13.01.2023 Crl. M.A. 951/2023 (exemption) Exemption granted, subject to just exceptions. The application stands disposed of.

Crl. M.A. 952/2023

By way of the present application, the petitioner seeks condonation of delay of 222 days in filing the present revision petition.

2. By reason of the order that the court proposes to pass in the main revision petition, the present application is allowed.

3. Delay is condoned.

4. Application stands disposed-of.

5. Revision petition is taken on Board.

Crl. Rev. Pet. 36/2023

6. By way of the present petition under section 397 read with section 401 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the State Signature Not Verified Digitally Signed By:NEERAJ Signing Date:17.01.2023 Crl. Rev. P. 36/2023 Page 1 of 2 13:21:55 impugns order dated 17.11.2020, whereby the learned trial court has been pleased to discharge the respondents in case FIR No.321/2018 registered under sections 376/354/506/120B of the Indian Penal Code, 1860 ('IPC') at P.S: Paschim Vihar.

7. Mr. Tarang Srivastava, learned APP for the State has taken the court through the reasoning contained inter-alia in paras 10 and 11 of the impugned order.

8. Upon a careful consideration of the basis for discharging the respondent, this court finds that the learned trial court has proceeded to do so since there is no allegation against the respondent in relation to the offence under section 376 or section 354 or section 506 IPC, including in the statement of the complainant/prosecutrix recorded under section 164 Cr.P.C.

9. The learned trial court has further recorded that even upon being examined again by the Investigating Officer on 09.08.2018, the complainant/prosecutrix categorically stated that no offence was committed by the respondent upon her.

10. In the above view of the matter, this court finds no ground to exercise its revisional jurisdiction since no fault is found as to the correctness, legality or proprietary of the impugned order.

11. The revision petition is dismissed and stands disposed-of accordingly.

12. Other pending applications, if any, also stand disposed of.

ANUP JAIRAM BHAMBHANI, J JANUARY 13, 2023/Ne Signature Not Verified Digitally Signed By:NEERAJ Signing Date:17.01.2023 Crl. Rev. P. 36/2023 Page 2 of 2 13:21:55

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Delhi High Court - Orders