Kherun Nisa v. State Of Gnct Delhi & ORS.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 274/2025, CRL.M.A. 7026/2025 CRL.M.A. 7027/2025, CRL.M.A. 7028/2025 CRL.M.A. 7029/2025 KHERUN NISA .....Appellant Through:

Appellant in person with Applicant Mr. Irfan Javed Qureshi.

versus STATE OF GNCT DELHI & ORS.

.....Respondent Through:

Mr. Utkarsh, APP for the State with SI Sandeep Yadav PS Sadar Bazar Delhi.

Mr. Abhas Mishra, Mr. Hukam (DHCLSC) for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 03.11.2025 1.

A Criminal Appeal under Section 372 Cr.P.C (423 BNSS) read with Section 482 Cr.P.C. Cr.P.C (Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023) has been filed on behalf of the Appellant/Complainant/Victim challenging the Judgment and Order dated 11.11.2024, whereby the learned JMFC has acquitted the Respondent in case FIR No.385/2007 dated 12.10.2007 under Section 452/324/323/34 IPC registered at Police Station Sadar Bazar, Delhi. 2.

Learned APP for State has taken a preliminary Object to the maintainability of the present Appeal under Proviso to Section 372 Cr.P.C 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 07/11/2025 at 11:49:08

by the Complainant and has asserted that the same should have been filed before the Sessions Court.

3.

Section 372 Cr.P.C (Proviso) enables the Complainant/Victim to file an Appeal before the Court. Considering the provisions of Section 372 Cr.P.C (Proviso), the Objection taken has merit and therefore, the Appeal is directed to be disposed of with liberty to the Petitioner to file the same before the Court of Sessions, in accordance with law. 4.

The Petition stands disposed of accordingly along with the pending Application(s).

NEENA BANSAL KRISHNA, J NOVEMBER 3, 2025 va 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 07/11/2025 at 11:49:08