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2024 Supreme(Del) 448

AMIT MAHAJAN
Vijay Kumar Sharma – Appellant
Versus
State of Delhi – Respondent


Advocates appeared:
Mr. Navin Prakash, Mr. Ved Vyas Tripathi & Mr. Kumar Shubham, Advocates, for the Petitioner.
Mr. Utkarsh, APP for the State.
SI Manisha Yadav & ASI Harwinder Kaur, PS-Dwarka North.
Mr. Naresh K. Daksh, Advocate for R2.

JUDGMENT

Amit Mahajan, J.

CRL.M.A. 15077/2023 (delay of 26 days in filing the petition)

1.  For the reasons mentioned in the application, the same is allowed and the delay in filing the present petition is condoned.

2.  The application stands disposed of.

CRL.REV.P. 626/2023 & CRL.M.A. 15076/2023 (Stay)

3.  The present petition is filed under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure, 1973 (`CrPC') seeking setting aside of the order on charge dated 21.12.2022 (hereafter `impugned order'), passed by the learned Additional Sessions Judge (`ASJ'), South West District, Dwarka Courts, in SC No. 293/2022, arising out of FIR No.780/2021, registered at Police Station Dwarka North.

4.  By the impugned order, the learned ASJ framed charges for offences under Sections 376(2)(n)/506 of the Indian Penal Code, 1860 (`IPC') against Petitioner No.1 and charge under Section 509 of the IPC against Petitioner No.2.

5.  The learned ASJ noted that Petitioner No.1 had allegedly established sexual relations with Respondent No.2/prosecutrix on the pretext of false promise of marriage. It was further noted that Petitioner No.2 had allegedly threatened to kill Respondent No.2 and

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