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2021 Supreme(Del) 616

MUKTA GUPTA
Priyanshu Kumar – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.M.P.Sinha, Advocate.
For the Respondent: Mr. Amit Gupta, APP with SI Anil Kumar, P.S.Ranhola.

JUDGMENT :

The hearing has been conducted through Physical Mode.

CRL.M.A.16535/2021 (Exemption)

1. Exemption allowed subject to just exceptions.

2. Application is disposed of.

CRL.REV.P.329/2021

1. By this petition, the petitioner challenges the order dated 18th September, 2021 passed by the learned ASJ directing framing of charge for offences punishable under Section 364A IPC against the petitioner.

2. Learned counsel for the petitioner states that the petitioner was in very good relationship with the victim family and usually took the child to play with him. The demand of money, even as per the Whatsapp chat does not relate to the victim and even in the alleged demands, the petitioner repeatedly stated that he will send the child. Thus, the amount demanded cannot be treated as a ransom and further, there was no apprehension of death or hurt to the child, therefore the ingredients of Section 364A IPC are not made out and hence, no charge for offence punishable under Section 364A IPC could be framed.

3. The above noted FIR was registered on the complaint of mother of the victim child Karthik Kaushik aged 7 months. She stated that they had a tenant, namely, Suresh Kumar on the second floor,

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