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2023 Supreme(Del) 3783

SWARANA KANTA SHARMA
Naresh Chand – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Subhash Solanki, Advocate, for the Petitioner.
Mr. Naresh Kumar Chahar, APP, for State with SI Brham Prakash, PS Sarita Vihar.

JUDGMENT

Swarana Kanta Sharma, J.

1. The instant petition under Section 397/401 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking setting aside order dated 06.05.2019 passed by learned Additional Sessions Judge, Special Fast Track Court, South-East, Saket Courts, New Delhi (`Trial Court') whereby charges have been framed against him under Sections 506/509 of Indian Penal Code, 1860 (`IPC').

2. The present FIR was registered on the basis of complaint lodged by the prosecutrix wherein she had alleged that she had received a friend request on Facebook from accused Chandan Vaid and since the accused's sister was follower of her Guruji also, she had accepted his friend request and thereafter, the accused had started sending messages to her. After some time, the prosecutrix had given her mobile number to the accused on his asking and the accused had also shared his mobile number and they had started talking to each other. It was alleged that on 10.03.2017, the accused had called her for Holi celebration near Indraprastha Park and there he had informed the prosecutrix that he always wanted a girl who believed in Guruji and he had put red

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