The determination of a prima facie case against the accused and the consideration of defense material should be left for trial, emphasizing the limited scope of revisional jurisdiction.

Crl.M.A.13145/2017

1. Exemption allowed, subject to all just exceptions.

2. The application is disposed of.

CRL.REV.P. 603/2017

1. The petitioner has invoked the revisional jurisdiction of this Court under Section 397 & 401 Cr.P.C. for seeking his discharge in case FIR No.707/2015, under Section 328/376/506 IPC, PS Hari Nagar and the inherent power vested in this Court under Section 482 Cr.P.C for quashing the above criminal proceedings initiated against him.

2. Mr. Mohit Mathur, learned Senior Advocate submitted that in view of the decision of the Supreme Court in Rukmini Narvekar vs. Vijaya Satardekar & Ors. (2008) 14 SCC 1, in exercise of its inherent power under Section 482 Cr.P.C. this Court can examine the material produced by the defence which demonstrates that the whole prosecution in this case is based on a concocted story.

3. Mr. Mohit Mathur, learned Senior Advocate also placed reliance on decision of Hon'ble Supreme Court in Dilawar Babu Kurane vs. State of Maharashtra AIR 2002 SC 564 submitting that if two views are equally possible the benefit should be extended to the accused.

4. Attention of this Court has also been drawn to the following FIRs got registered by the same complainant against the petitioner and other persons with similar allegations:-

Sl. No.	FIR No.	U/s	P S	Complainant	Suspect
1.	707/2015 dated 14.05.15	376/506 IPC	Hari Nagar	Smt. Rekha W/o Saurabh	Khushwant Singh
2.	438/2015 dated 23.06.15	506/34 IPC	Mianwali Nagar	Rekha	Khushwant Singh
3.	1653/2015 dated 22.12.15	328/376 IPC	Hari Nagar	Suman W/o Rakesh	Raghuvender Singh
4.	1584/2015 dated 31.12.15	376 IPC	Dabri	Rekha Rani D/o Tirath Pal	Rakesh Tyagi

As per Order dated 11.02.2016 passed by Ld. ASJ Dwarka Courts, the FIR 1653/2015 was registered by the prosecutrix - Rekha in a fictitious name – Suman.

5. Learned Senior Counsel for the petitioner also referred to the status reports filed by the State at the stage of bail in various FIRs and contended that on the basis of false and concocted story, the petitioner has been charged for committing the offence punishable under Section 328/376/506 IPC. It has also been contended that during the alleged incident of rape on two dates i.e. first on 7th May, 2015 at Amritsar and second time on 13th May, 2015 at Delhi, as per CDR, the location of the petitioner and the prosecutrix was not at the same place, hence it was not a case to prima facie form a view to charge the petitioner/accused for committing offence under Section 328/376/506 IPC.

6. In this petition, following prayers have been made by the petitioner:-

“A. Set aside the impugned order dated 11/05/2017 passed by the Hon'ble Court of Ms. Shail Jain, ASJ (Special Fast Track Court)-01, West, Tis Hazari Court, Delhi framing charges against the accused person Shri Khushwant Singh son of Shri Kuldeep Singh under Section 328/376/506 of Indian Penal Code in the matter titled as “State Versus Khushwant Singh” vide State Case bearing no.149/16 in FIR No.707/15 at Police Station-Hari Nagar and discharge the accused person in the interest of justice;

B. To call upon or summon and examine the trial Court record of case titled as “State Versus Khushwant Singh” vide State Case bearing No.149/16 in FIR No.707/15 at Police Station-Hari Nagar pending in the Court of Ms. Shail Jain, ASJ (Special Fast Track Court)-01, West, Tis Hazari Court, Delhi which is fixed for 08/09/2017 for prosecution evidence;

C. To expunge the remarks passed by Ms.Shail Jain, ASJ (Special Fast Track Court)-01, West, Tis Hazari Court, Delhi in impugned order dated 11/05/2017 in the case titled as “State Versus Khushwant Singh” vide State Case bearing No.149/16 in FIR No.70/15 at Police Station-Hari Nagar to the effect that “It is argued on behalf of the accused by Ld.Counsel that Relationship