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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J
SH. SURENDER KUMAR – Appellant
Versus
STATE NCT OF DELHI – Respondent
| Table of Content |
|---|
| 1. challenge to charges based on complaint history (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16) |
| 2. arguments on frivolous allegations and intent (Para 18 , 21 , 22 , 23 , 24 , 25 , 28 , 29 , 30 , 34 , 36 , 40 , 41) |
| 3. court observations on witness credibility (Para 19 , 20 , 27 , 32 , 33 , 46 , 47 , 50 , 52 , 58) |
| 4. legal standards concerning charges and jurisdiction (Para 38 , 39 , 55 , 56 , 59) |
| 5. dismissal of petition (Para 60 , 61) |
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 Offen
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