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High Court of DelhiW.P.(CRL)/3087/2025

Narender Kumar v. State Of NCT Of Delhi & ANR.

2025-09-22Hon'Ble Mr. Justice Amit Mahajan3 pages

$~66 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3087/2025 & CRL.M.A. 28546/2025 NARENDER KUMAR .....Petitioner Through:

Mr.

Parth Chaturvedi, Adv. with the petitioner in person.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Anand V. Khatri, ASC for the State with SI Sonika, PS Kirti Nagar and ASI Nimmo, PS Narayana.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 22.09.2025 1.

By the present petition, the petitioner prays as under : a. Issue appropriate writ, order or direction in the nature of Mandamus or any other writ to the Ld. Trial Court being the Hon'ble Court of Ld. ASJ 01, West, POCSO Court, Tis Hazari Court, Delhi thereby fixing time frame for the conclusion of the present trial;

b. Issue appropriate writ, order or direction to the Ld. Trial Court being the Hon'ble Court of Ld. ASJ 0 1, West POCSO Court, Tis Hazari Court, Delhi thereby directing the Ld. Trial Court to allow the petitioner herein to cross examine the witnesses directly and not through / via the Ld. Trial Court;

c. Issue appropriate writ, order or direction to the Ld. Trial Court being the Hon'ble Court of Ld. ASJ 01, West, POCSO Court, Tis Hazari Court, Delhi thereby directing the Ld. Trial Court to take all questions of the petitioner during cross examination on record and then allow or The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

disallow them as deemed fit by the Ld. Trial Court in accordance with the law;

d. Issue appropriate writ, order or direction to the Ld. Trial Court being the Hon'ble Court of Ld. ASJ 0 1, West, POCSO Court, Tis Hazari Court, Delhi thereby directing the Ld. Trial Court not to prejudice the cross examination of the IO PW 13 in the present case thereby prejudicing the case of the petitioner herein;

e. Issue appropriate writ, order or direction to the Ld. Trial Court being the Hon'ble Court of Ld. ASJ 01, West, POCSO Court, Tis Hazari Court, Delhi thereby directing the Ld. Trial Court to take the submissions of the petitioner on record in the daily order sheet;

f. May kindly be pleased to pass any other order/relief that this Hon'ble Court may deem fit and just in light of facts and circumstances herein mentioned.

2.

The petitioner prays that a time may be fixed for the conclusion of the trial in FIR No. 12/2021 dated 10.01.2021, registered at Police Station Kirti Nagar, for offences under Sections 323/342/376/376(2)(n)/34 of the Indian Penal Code, 1860 ('IPC') and Sections 6/21 of the Protection of Children from Sexual Offences Act, 2012 ('POCSO Act'). 3.

Undisputedly, in terms of Section 35 of the POCSO Act, the trial has to be concluded within a period of one year from the date of taking cognizance of the offence, however, at the same time, in the opinion of this Court, no specific time frame can be fixed especially when it is not the case of any of the parties that a preference is given to one case over the other. 4.

Undisputedly, learned Trial Courts are working hard to fulfil the mandate of law. No specific directions can be passed directing the learned Trial Court to conclude the trial in a particular period of time. Dates are given in each case considering the Board's position and the same cannot be The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

controlled by the High Court.

5.

In regard to the other prayers such as permission to the petitioner to cross-examine the witnesses, etc., the petitioner is at liberty to file an appropriate application before the learned Trial Court.

6.

No orders can be passed in the present petition in that regard at this stage.

7.

The present petition is disposed of with the aforesaid observations.

8.

Petitioner is at liberty to approach this Court in case any grievance remains in future.

AMIT MAHAJAN, J SEPTEMBER 22, 2025 'KDK'

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.