Ms. M & ANR v. State
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5916/2019 MS. M & ANR.
....Petitioners Through:
Mr. Virendra Singh, Advocate versus STATE .....Respondent Through:
Mr. Mukesh Kumar, APP for the State with SI Priyanka, PS Alipur
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 01.07.2025 1.
The present petition under Section 482 of the Code of Criminal Procedure, 19731 impugns the order dated 13th September, 2019 passed by the Additional Sessions Judge (Special FTC) North, Rohini Courts Delhi, in SC No. 515/2018. The Petitioners contend that by way of the impugned order, they have been summoned by the ASJ for recording of their evidence without first deciding the miscellaneous applications for sending certain medical exhibits for retesting, thereby violating the order dated 08th July, 2019 passed by this Court in CRL.M.C. No. 1665/2019. 2.
Accordingly, following reliefs are sought:
"(a) set aside the impugned order dated 13.9.2019 passed by Ld. A.S.J. (North) Rohini, Delhi in SC 1555/18 titled as State vs. Gaurav Sharma and anr.;
(b) direct the Ld. Trial Court to decide the application for sending 1 "Cr.P.C."
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
medical exhibits for re-testing first in the light and wisdom of order dated 08.07.2019.
(c) stay the examination / recording of evidence of the Petitioner and her husband (PW-2) till final adjudication of the pending Misc. applications;
Pass any. order or further order which this Hon'ble Court deem fit and proper on the basis of the facts and circumstances in favour of the. Petitioner and against the Respondent."
3.
During the pendency of the present proceedings, several orders were passed, including a detailed judgment dated 01st March, 2021, whereby certain directions were issued to the Trial Court for disposal of a pending application under Section 311 of the Cr.P.C as well to proceed with recording of the deposition of PW-2 and the victim/Complainant. 4.
Be that as it may, subsequently, by way of a judgment of acquittal dated 18th November, 2021, the proceedings emanating from FIR No. 171/2018 under Sections 376, 506, 323, 328, 109, 120-B and 34 of the IPC registered at P.S. Alipur, which also form the subject matter of the present petition, finally stood concluded. The said judgment of acquittal dated 18th November, 2021 is under challenge in a connected case - i.e., CRL.A. 107/2022.
5.
Therefore, the relief sought in the present petition, which pertains to the order dated 13th September, 2019, whereby the Prosecutrix and her husband were summoned for recording of the evidence, in the opinion of the Court, is rendered infructuous.
6.
It is however clarified that, in the appeal proceedings against the judgment of acquittal - i.e., Crl. A. 107/2022, the Appellant shall be free to raise all such grounds as available in law, including those which pertain to the order dated 13th September, 2019, in case the same are found to be relevant for deciding the appeal.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
7.
With the above directions, the present is disposed of along with pending application(s), if any.
SANJEEV NARULA, J JULY 1, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.