Ns v. The State (NCT Of Delhi)

$~68 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8089/2024 NS .....Petitioner Through:

Mr. Javed Alvi, Advocate.

versus THE STATE (NCT OF DELHI) .....Respondent Through:

Mr. Utkarsh, APP for the State with W/SI Sanju, P.S. North Rohini.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 15.10.2024 CRL.M.A. 30944/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed of.

CRL.M.C. 8089/2024 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks a direction to the learned Trial Court to complete the deposition of the petitioner/prosecutrix on a day-to-day basis. 2.

Mr. Javed Alvi, learned counsel appearing for the petitioner submits, that since the prosecutrix is ordinarily a resident of Qatar, she has had to come repeatedly to depose before the learned Trial Court but her deposition is still not complete; and the court has now placed the matter for her cross-examination on 09.01.2025. 3.

Mr. Alvi further submits, that considering the nature of the offences viz. under sections 376/377/506 of the Indian Penal Code 1860, in any case the learned Trial Court ought to conduct the trial expeditiously and preferably on a day-to-day basis.

CRL.M.C. 8089/2024 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 02/07/2025 at 11:46:05

4.

In view of the prayer made, it is not considered necessary to issue formal notice in the matter.

5.

From the copies of order-sheets placed on record, it is seen that the prosecutrix had appeared before the learned Trial Court for recording her examination-in-chief and cross-examination on 22.07.2023, 25.07.2023, 05.08.2023, 22.09.2023, 24.11.2023, 11.01.2024, 27.5.2024 and 31.08.2024.

6.

In view of the above, the petition is accordingly disposed-of, with a direction to the learned Trial Court to complete the cross-examination of the prosecutrix on consecutive dates, viz.

08.01.2025, 09.01.2025 & 10.01.2025, without granting any adjournment at the instance of the accused, unless compelling and demonstrable reasons are given. It is further directed that even if such adjournment becomes necessary, the learned Trial Court is directed to complete the deposition of the prosecutrix within few days thereafter. 7.

Accordingly, in addition to the date of 09.01.2025 on which the matter is already posted before the learned Trial Court, the matter will also be taken-up by the learned Trial Court on 08.01.2025 and 10.01.2025, on which dates the prosecutrix will make herself available for recording her deposition.

8.

Petition stands disposed-of.

9.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J OCTOBER 15, 2024/V.Rawat CRL.M.C. 8089/2024 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 02/07/2025 at 11:46:05