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2026 Supreme(Online)(Del) 136

IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
SH. SURENDER KUMAR – Appellant
Versus
STATE NCT OF DELHI – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Ayush Shrivastava, Ms. Sneha P Mandal
For the Respondents: Mr. Shoaib Haider, Mr. Varun Mehlawat

JUDGMENT

NEENA BANSAL KRISHNA, J.

1. A Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C”) has been filed on behalf of the Petitioner/Surender Kumar to challenge the Order dated 17.04.2018 of the learned Special Judge, POCSO, New Delhi in Case bearing N.SC/741/2017, FIR No.654/2017, Police Station Vijay Nagar, Delhi, holding that there was a prima facie case made out under Section 509 of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”) and consequently formal charges were framed on and 21.04.2018; and further against the Order dated 20.07.2019 whereby the Charge was amended and Section under Section 12 Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as “POCSO Act”) read with Section 11 POCSO Act, was added against the Petitioner.

2. Briefly stated, the Petitioner is the maternal grandfather (Nana) of the victim. He is the father of Smt. “P”, who got married to Rakesh Kumar according to Hindu rites and customs on 09.02.2007. From their wedlock, two children were born on 22.02.2008 and 25.09.2012 respectively.

3. The brief background leading to the present FIR No.654/2017 are that Smt.

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