ORDER

% 18.03.2024 CRL.M.A. 27951/2023 (for exemption)

1. Exemptions allowed, subject to all just exceptions.

2. The application stands disposed of.

CRL.REV.P. 1089/2023

3. The present petition is filed under Section 397 of the Code of Criminal Procedure, 1973, seeking quashing of the order dated 17.07.2023 (hereafter ‘the impugned order’), passed by the learned Additional Sessions Judge (‘ASJ’), South-East District, Saket Courts, in SC No. 17/2017, arising out of FIR No. 488/2016, dated 05.10.2016, registered at Police Station Sarita Vihar, for offences under Sections 328/376/323/506/34 of the Indian Penal Code, 1860 and Sections 6/12 of the Protection of Children from Sexual Offences Act, 2012.

4. The learned ASJ, by the impugned order, has held that there appears to be sufficient material to frame charges against the petitioners/ accused persons. The relevant part of the impugned order is set out below:

“Therefore, prima facie there appears to be sufficient material available on record to frame charges against accused Manoj Mathur u/s 323/328/376/354A/384/506/201/34 IPC and Section 6/12 of POCSO Act and Section 66E IT Act, against accused Renu Mathur u/S 323/384/506/201/34 IPC and Section 21 of POCSO Act and Section 66E of IT Act and against accused Adityesh Mathur section 384/201/34 IPC and Section 21 of POCSO Act and Section 66E of IT Act.”

5. The learned counsel for the petitioner submits that the FIR, in the present case, was registered in the year 2016, narrating the incidents which allegedly happened more than two years prior to the registration of the FIR.

6. He submits that from a bare perusal of the complaint, it is apparent that the same has been made in order to falsely implicate the petitioners. He submits that not only Petitioner No.1, but Petitioner No.1’s wife (Petitioner No.2) and son (Petitioner No.3) have also been named as accused. He submits that there is inordinate delay in the registration of the FIR for which no explanation has been given.

7. Issue notice.

8. The learned Additional Public Prosecutor for the State accepts notice.

9. Let notice be served to the prosecutrix through the Investigating Officer, returnable on 16.08.2024. AMIT MAHAJAN, J MARCH 18, 2024 “SS”