Divya Jyoti Singh & ANR v. State Of NCT Of Delhi & ORS
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P.
452/2019, CRL.M.A.
10178/2019, CRL.M.A.
1563/2023, CRL.M.A. 1564/2023, CRL.M.A. 9751/2023, CRL.M.A. 3699/2024 & CRL.M.A. 3700/2024 DIVYA JYOTI SINGH & ANR .....Petitioners Through:
Petitioner no. 1 in person along with her counsel versus STATE OF NCT OF DELHI & ORS .....Respondents Through:
Mr. Laksh Khanna, APP for the State.
SI Deep Sharma, P.S. NDRS and Insp.
Indu Rani, P.S. North Zone PCR Unit.
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 18.02.2025 1.
The petitioner has been filed under Section 397 read with Section 401 and 482 of Code of Criminal Procedure ["Cr.P.C."] seeking the following relief:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to call for the records of the trial court and examine the legality, propriety and correctness of the same and further be pleased to set aside the impugned order dated 14.09.2017 passed by the Court of Sh. Ramesh Kumar-II, Additional Sessions Judge, SFTC-2 (Central), Tis Hazari Courts, Delhi in FIR no. 10 of 2016 registered at P. S. New Delhi Railway Station titled as 'State Vs. Inderpal Singh & Ors' and may be further pleased to discharge the petitioners in the instant case FIR."
2.
Learned APP for the State states that the present revision petition has been filed against impugning order dated 14.09.2017, whereby charge was CRL.REV.P. 452/2019 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
framed against the accused. He further states that since then, the trial has substantially progressed, with 20 witnesses already examined and approximately 5 witnesses remaining. He states considering that the subject FIR is of the year 2016, prosecution will take steps to cooperate with the Trial Court in an expeditious disposal of the trial. 3.
Learned counsel for the petitioner states that the alleged two victims/complainant have failed to appear before the Trial Court. He states that in fact the male victim's right to give testimony was closed as early as on 02.02.2023, when he failed to appear despite several opportunities. He states that the female victim has been summoned several times by the Trial Court between 2017 and 2024 for recording of her statement, however, the female victim has failed to appear and have a testimony recorded. 4.
Learned counsel for the petitioner states that petitioner will also cooperate with the Trial Court in expeditious disposal of the trial. 5.
Mr. X, who has been arrayed as Respondent No. 2 i.e. the male victim, has joined the proceedings through video conferencing (VC) and states that he is a lawyer by profession. He confirms that he has not appeared before the Trial Court for recording of his statement. He states, however, that the female victim, i.e. Ms. AB, Respondent no. 3 herein will appear before the Trial Court on the next date of hearing. He states that she had also appeared in September, 2024.
6.
The parties are directed to cooperate with the Trial Court in an expeditious disposal and not seek any unnecessary adjournments. 7.
The Trial Court is requested to not grant any unnecessary adjournments to either party.
8.
In view of the aforesaid facts and with the aforesaid directions, the CRL.REV.P. 452/2019 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
present petition stands disposed of, keeping all the rights and contentions of the parties open.
9.
Pending applications stands disposed of.
MANMEET PRITAM SINGH ARORA, J FEBRUARY 18, 2025/MR/akp Click here to check corrigendum, if any CRL.REV.P. 452/2019 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.