Mohd Arif v. Union Of India & ORS.

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2855/2024, CRL.M.A. 27834/2024 MOHD ARIF .....Petitioner Through:

None versus UNION OF INDIA & ORS.

.....Respondent Through: Mr. Sahaj Garg, SPC for UOI with Mr. Rudra Paliwal, GP for UOI/R-1 Mr. Yasir Rauf Ansari, ASC.

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

O R D E R

% 29.01.2025 1.

The present petition has been filed seeking following reliefs: It is therefore most respectfully prayed that necessary order/ direction may kindly be passed in favour of the petition by directing the respondent no. 1 to 5 to take appropriate legal action against the respondent no. 6 to

9. It is further prayed that necessary order/ direction for providing the necessary protection to the petition by respondent no. 1 to 5.

2.

None appears for the Petitioner.

3.

Learned ASC states that the alleged victim/complainant in this matter is Miss Shivangini Singh.

4.

He states that Miss Shivangini Singh has separately filed a complaint under Section 156(3) Cr.P.C., which is pending before the learned ACJM, Saket Court, New Delhi ['Trial Court']. He states that the next date of hearing in the said matter is 01.03.2025.

5.

He relies upon the Status Report dated 07.11.2024 to contend that on 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 03/02/2025 at 12:39:36

24.02.2024 Miss Shivangini Singh had approached the I.O along with complainant in the cross-case namely Miss Seema and both had stated that they had settled the matter and sought the closure of their complaints. 6.

He states that the Status Report also records that both Miss Shivangini Singh and Miss Seema made a statement before the counsellor of DCW that there was no sexual assault done on either of them. 7.

He states that Miss. Shivangini Singh has independently filed the complaint case bearing no. 551/2024 on the same cause, which is next listed on 01.03.2025 and therefore, rights of any of Miss. Shivangini Singh are being pursued by law. He states though, the record of said complaint case shows that Miss. Shivangini Singh has failed to appear to tender evidence and/or pursue the case. He relies upon the order dated 09.08.2024 passed in the said complaint case.

8.

In view of the aforesaid facts, since the victim Miss Shivangini Singh is already pursuing her remedies, the present petition is not liable to be entertained and is disposed of as not maintainable. 9.

Pending applications, if any, stands disposed of as infructuous. 10.

It is made clear that the disposal of this petition is not an expression of opinion on the complaint case filed by Miss. Shivangini Singh in Case 551/2024, which shall be decided by the appropriate Court in accordance with law.

MANMEET PRITAM SINGH ARORA, J JANUARY 29, 2025/vc/ms Click here to check corrigendum, if any 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 03/02/2025 at 12:39:36