JUDGMENT

SWARANA KANTA SHARMA, J.

1. Ms. Priya i.e. the petitioner is a victim and informant of FIR No. 210/2021, registered at Police Station Sector 23, Dwarka, Delhi under Sections 506/509 of Indian Penal Code, 1860 („IPC‟), whereas respondent no. 2 Monu is the accused in the said FIR.

2. By way of instant petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973(„Cr.P.C‟), the petitioner seeks following prayers:

“A. Issue an Order for further investigation directing the prosecution agency to entrust the further investigation to a competent superior officer in FIR no. 210/2021 PS. Dwarka, Delhi, registered under Section 506/509 IPC for a fair trial to the Victim;

OR In the alternative direct the Ld. Trial Court to issue an Order for further investigation directing the prosecution agency to entrust the further investigation to a competent superior officer in FIR no. 210/2021 PS. Dwarka, Delhi, registered under Section 506/509 IPC for a fair trial to the Victim;

B. Setting aside the Order dated 08.12.2022 passed by the Ld.Trial Court in Criminal Case no. 1328/2022;

C. Set aside the consequential proceedings inter-alia including Order dated 23.03.2022 passed by the Ld. Trial Court to secure the ends of justice and pass appropriate directions for further proceedings;”

3. Facts of the case, necessary for adjudication of present petition are that on 26.05.2021, Ms. Priya i.e. the petitioner herein had handed over a complaint at P.S. Dwarka wherein she had narrated that while she was at her parental home, alongwith her mother and sister-in-law in Dwarka on 25.05.2021,at about 9:20 PM, they had heard loud noise of firecrackers and bike horns from the street, outside their house. This had caused fear among them, which had prompted them to look out of the window, and they had seen that a boy named Monu was creating disturbances with his bike. She had alleged that previously also, Monu had harassed „P‟, the complainant's younger sister, and had obstructed her path, leading to filing of a previous complaint with the police which was later withdrawn due to a compromise arrived at between the party and in light of an apology tendered by the father of Monu. It was further alleged that on the night of incident, during the PCR call, when the complainant had gone downstairs in an attempt to note down the bike's registration number, Monu had confronted her, and verbally abused her and attempted to touch her. Monu's family members engaged in a quarrel with the complainant's family. It was also alleged that Monu, in an inebriated state, had used indecent language and issued threats, including threatening to kill her and her family members. The complainant had expressed her concern in the complaint that if a resolution was not reached, her younger sister might be compelled to commit suicide. On these allegations, the present FIR was registered on 28.05.2021, under Sections 506/509 of IPC.

4. As per chargesheet and status report placed on record, during the course of investigation, the apology letter dated 02.09.2020 signed by the accused‟s father, for previous instances of misbehaviour of accused with complainant‟s sister, was collected by the police. The accused/respondent no. 2 was interrogated and arrested on 17.06.2021 and released on bail on the same day since the offences were bailable in nature. The bike of the accused was also seized and deposited in malkhana by the I.O. The statement of „P‟ i.e. younger sister of complainant was recorded under Section 164 of Cr.P.C. by the learned Magistrate on 12.10.2021. After completion of investigation, chargesheet was filed against the accused under Sections 506 and 509 of IPC.

5. Vide order dated 23.03.2022, the learned Additional Chief Metropolitan Magistrate, South-West, Dwarka Courts had framed charge under Sections 506/509 of IPC against the accused.

6. The case of petitioner is that she was never informed about the filing of chargesheet n