X v. The State Of NCT Of Delhi And ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3905/2025 X .....Petitioner Through:

Mr. Krishan Kumar, Ms.

Muskan and Mr. Saket Gautam, Advocates.

versus THE STATE OF NCT OF DELHI AND ORS .....Respondents Through:

Mr.

Sanjeev Bhandari, ASC for the State with SI Neha Khatri, PS Vijay Vihar.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 27.11.2025 1.

The present writ petition is filed by the petitioner seeking the following reliefs:

"1. Issuance of a Writ of Mandamus:

a) Directing the immediate arrest of the rape accused. b) Directing a fair, impartial, and expedited investigation into the rape case.

2. Transfer of Investigation:

Direction to transfer the investigation of the rape case to an independent agency (CBI/SIT).

3. Action Against Police Officials: Direction for an independent inquiry and initiation of disciplinary and criminal proceedings against the police officials involved in:

a) Fraudulently diluting the rape case.

b) Deliberately not arresting the accused.

c) Conspiring with the accused.

d) This may involve directing the Police Complaints Authority (PCA) or a high-level departmental inquiry, and also a directive for registration of criminal cases against these police officials under the BNS.

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 01/12/2025 at 13:37:30

4. Protection: Directions for adequate protection for the victim and any witnesses.

5. Compensation: Monetary compensation for the victim for the suffering caused by the crime and the police misconduct." 2.

Undisputedly, various allegations have been made against the accused persons and the FIR was registered wayback on 09.08.2023 for the offence under Sections 498A/406/34 of the Indian Penal Code, 1860.

3.

It is informed that the chargesheet/final report has already been filed under sections 498A/406/34/323/377/376/506/509 on 27.05.2024.

4.

It is also informed that the learned Trial Court after giving opportunity to the petitioner/victim had also heard arguments on charge and charges were framed against the accused persons and the trial has since proceeded.

5.

The petitioner concededly had a remedy of filing a protest petition seeking further investigation if she was not satisfied with the investigation conducted, which has not been availed by her. If the petitioner was aggrieved by the conduct of the Investigating Officer, the same can be brought to the knowledge of the learned Trial Court.

6.

Keeping in view, that charges have already been framed and the trial has since proceeded, it would not be appropriate to allow such prayers, at this stage of trial.

7.

The petition is therefore dismissed.

8.

The petitioner is at liberty to seek appropriate permissible reliefs before the learned Trial Court.

AMIT MAHAJAN, J NOVEMBER 27, 2025/DU 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 01/12/2025 at 13:37:30