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2022 Supreme(Del) 1728

SWARANA KANTA SHARMA
Kumud Chawla – Appellant
Versus
State Of NCT Of Delhi – Respondent


Advocates appeared:
Mr. Angad Ahluwalia and Mr. Kushal Choudhary, Advocates, for the Petitioner; Mr. Naresh Kumar Chahar, APP for the State with SI Prem Pal Singh, CAW Cell, Central District, Delhi., for the Respondents; Mr. Manish Pradeep and Mr. Loveleen Kaithwas, Advocates., for the Respondents No. 2

JUDGMENT

Swarana Kanta Sharma, J. - The instant revision petition has been filed under Sections 397 and 401 read with Section 482 of the Code Of Criminal Procedure, 1973 ("Cr.P.C.") assailing the order dated 06.08.2022 passed by learned Additional Sessions Judge-01 (POCSO), Central District, Tis Hazari Courts, Delhi whereby the applications filed by the petitioners seeking discharge in Sessions Case No. 34/2022 in FIR No. 44/2021 dated 09.02.2021 were dismissed, and charges were framed under Sections 323/354/354B/451/506/509/34 IPC read with Section 10 of POCSO Act against petitioner no. 1 and 3, and under Sections 451/323/506/509/34 IPC against petitioner no. 2.

2. The brief facts of the case, leading to the filing of present petition are that a complaint was made by one 'DC' against the petitioners/ accused persons namely Kumud Chawla, Aayush Chawla and Sunil Chawla wherein it was alleged that all three accused persons, on 17.01.2021, after committing house-trespass, caused hurt to the complainant and her minor girl child, used criminal force and also outraged the modesty of both of them while passing filthy remarks. It was also stated that they were criminally intimidated and dea

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