CRL.A. 132/2024 & 131/2024

Page 1 of 7

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment delivered on: 12.02.2024

+

CRL.A. 132/2024

PRIYANKA ARORA

..... Appellant

Through:

Mr.Mohit Mathur, Sr.Advocate with

Mr.Mohit Lakra and Ms.Aditya Gauri,

Advocates.

versus

STATE GOVT. OF NCT OF DELHI

….Respondent

Through:

Mr.Ajay Vikram Singh, APP for State

with ACP Niraj tokas and SI Dham

Singh, PS Hauz Khas.

Mr.Siddharth

Luthra,

Sr.Advocate

with Mr.Neeraj Gupta, Ms.Tajinder

Kaur,

Ms.Deepshikha

Gupta,

Mr.Anmol, Ms.Anshula Verma and

Mr.N.Tripathi, Advocates along with

complainant in person.

+

CRL.A. 131/2024

KAPIL DEV ARORA

..... Appellant

Through:

Mr.Mohit Mathur, Sr.Advocate with

Mr.Mohit Lakra and Ms.Aditya Gauri,

Advocates

versus

STATE GOVT. OF NCT OF DELHI

……..Respondent

Through:

Mr.Ajay Vikram Singh, APP for State

with ACP Niraj tokas and SI Dham

Singh, PS Hauz Khas.

Mr.Siddharth

Luthra,

Sr.Advocate

with Mr.Neeraj Gupta, Ms.Tajinder

Kaur,

Ms.Deepshikha

Gupta,

Mr.Anmol, Ms.Anshula Verma and

Mr.N.Tripathi, Advocates along with

complainant in person.

Digitally Signed

By:DINESH CHANDRA

Signing Date:12.02.2024

11:27:28

Signature Not Verified

CRL.A. 132/2024 & 131/2024

Page 2 of 7

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

J U D G M E N T

ANOOP KUMAR MENDIRATTA, J.

1.

CRL.A.132/2024 and CRL.A.131/2024 have been preferred on behalf

of the appellants under Section 14A(2) of the Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred

to as “the Act”) read with Section 482 of Code of Criminal Procedure, 1973

(Cr.P.C.) challenging the order dated 28.12.2023 thereby remanding the

appellants to judicial custody along with order dated 05.01.2024 passed by

the learned ASJ in FIR No.489/2023 dated 14.11.2023 under Section

506/509/34 IPC registered at PS: Hauz Khas, New Delhi, whereby the bail

applications under Section 439 Cr.P.C. was withdrawn with liberty to move

the appropriate forum against order dated 29.12.2023 declining the first bail

application preferred on behalf of the appellants. Section 3(2)(va) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

is stated to have been invoked by the prosecution subsequent to registration

of FIR.

2.

In brief, as per the case of the prosecution, a complaint was received

from Ms.’C’ on 26.10.2023, alleging that on 25.10.2023 at 02:00PM,

Priyanka Arora (appellant in CRL.A.132/2024) and Kapil Dev Arora

(appellant in CRL.A.131/2024) along with Harish Chander Pahwa followed

her and drove the car towards her. Further, a complaint lodged by her earlier

against Priyanka Arora, Kapil Dev Arora and Harish Chander Pahwa had

culminated in registration of FIR No.460/2022 at PS: Hauz Khas, New Delhi

Digitally Signed

By:DINESH CHANDRA

Signing Date:12.02.2024

11:27:28

Signature Not Verified

CRL.A. 132/2024 & 131/2024

Page 3 of 7

under various Sections of Indian Penal Code, 1860 (IPC) and Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. She

further stated that in her earlier two complaints, it was also pointed out that

aforesaid accused/appellants followed her regularly and tried to hit her by a

car. As such, she apprehended danger to her life from the aforesaid

accused/appellants who threatened her and used vulgar language earlier.

3.

It is further the case of the prosecution that an inquiry was conducted

and CCTV footage nearby the place of incident was examined, on the basis

of which, a vehicle with registration No.DL4CY8230 was observed on P

Block, South Extn.II, New Delhi. The said vehicle halted briefly, executed a

sharp turn and thereafter left. Further, the said vehicle was found to be in the

name of Neena Arora c/o Kapil Dev Arora.

4.

As per the status report filed by the prosecution, complainant, during

investigation stated that earlier FIR No.460/2022 was registered unde