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2023 Supreme(Del) 3725

AMIT BANSAL
Ramez Faqiri – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates appeared:
Mr.Siddharth Agarwal, Senior Advocate with Mr. Chirayu Jain, Mr.Vishwajeet Singh and Mr.Vinayak Chitale, Advocates, for the Petitioner.
Mr.Ritesh Kumar Bahri, APP for State.
Mr.Parth Goswami, Advocate for R-2 and R-3.

JUDGMENT

1. The present petition has been filed seeking quashing of:

(i) FIR No.261/2021 dated 10th September, 2021, under Sections 354/509 of the Indian Penal Code, 1860 (IPC) registered at Police Station Greater Kailash;

(ii) Charge sheet dated 2nd December, 2021 and;

(iii) Consequential proceedings pending before the learned Chief Metropolitan Magistrate, South East, Saket District Court, New Delhi.

2. The aforesaid FIR was registered on 10th September, 2021, based on the complaint of the respondent no.2 (complainant) that the petitioner had physically abused/molested her and the respondent no.3 on 13th July, 2021. Subsequently, the charge sheet was filed against the petitioner on 2nd December, 2021, under Sections 354/509 of the IPC.

3. Notice in the present petition was issued by the predecessor bench on 11th April, 2023. Vide order dated 21st August, 2023, passed by this Court, an early hearing application filed on behalf of the petitioner was allowed and the Trial Court was requested to pass an order on charge.

4. On 4th September, 2023, an order on charge was passed by the learned Trial Court wherein it was stated that on a prima facie view, the offences under Sections 354

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