Anshul Kumar v. The State Of NCT Of Delhi

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 1055/2024 ANSHUL KUMAR .....Petitioner Through: Mr.Abhay Kumar, Advocate versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Sabharwal, APP for State with SI Lavkant

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 23.08.2024 CRL.M.A. 25274/2024 (delay in filing) 1.

By way of present application, the petitioner seeks condonation of delay of 83 days in filing the petition.

2.

For the reasons stated in the application, the same is allowed and the delay of 83 days in filing the petition is condoned. 3.

The application is disposed of.

CRL.REV.P. 1055 /2024, CRL.M.A. 25272/2024 (stay) and CRL.M.A. 25273/2024 (exemption) 1.

By way of present petition, the petitioner has assailed the order dated 14.02.2024 whereby charges were framed by the Trial Court qua the petitioner under Section 376 IPC, contending that even from a bare perusal of the chargesheet, it is apparent that the relations between the petitioner and the prosecutrix were consensual. He submits that the charge has been framed in February, 2024 and prays that since the offence pertains to the year 2019, the trial be expedited.

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 28/08/2024 at 12:27:57

2.

Learned APP for the State submits that as the incident relates to the offence of rape, every effort would be made to ensure that there is no delay and the prosecutrix would be examined as the first witness. 3.

Considering that only 12 witnesses are cited and the FIR relates to the year 2019, the trial court shall make an endeavour to examine the prosecutrix as the first witness and expedite the trial. 4.

In view of the above, the present petition is disposed of alongwith the pending applications.

MANOJ KUMAR OHRI, J AUGUST 23, 2024 na 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 28/08/2024 at 12:27:57