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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 380/2025 & CRL.M.A. 28658/2025

RAM PRAVESH .....Petitioner

Through: Counsel (appearance not given)

versus

THE STATE GOVT OF NCT OF DELHI .....Respondent

Through: Mr. Nawal Kishore Jha, APP for the

State along with WSI Sunil.

Mr Dhan Mohan (Amicus Curie), Ms

Tanisha Bhatia, Ms Anjali Chaudhary

and Mr Mohit Gupta, Advs. for the

complainant.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 19.12.2025

1. By way of the present petition, the petitioner seeks the following

reliefs:

“a) Call for the Trial Court Record

b) Set aside the order dated 23.05.2025 of case No. SC/518/2019 passed

by Ms Ankita Lal, Ld. ASJ, Saket Courts, New Delhi in case FIR No.

319/2019, U/s 354 IPC and 10 POCSO Act, P.S. Okhla Industrial Area

whereby the Ld ASJ has been pleased to dismissed order on recalling the

Pw-6 IO Shanti Barla and PW-7 SI Malkhan Singh under section 348 of

BNSS IPC against the petitioner.

b) Allow the application of the Petitioner for recalling the witnesses PW-6

JO Shanti Birla and PW-7 SI Malkhan Singh for cross examination.”

2. By way of the impugned order, the learned Trial Court had dismissed

the application of the petitioner for recalling PW-6 and PW-7 on the ground

that the powers vested with the learned Trial Court under the provisions of

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 13:04:12

Section 311 of the Code of Criminal Procedure, 1973 (hereafter 'Cr.P.C.')

are discretionary and have to be exercised judiciously and not arbitrarily.

3. The learned counsel appearing for the petitioner submits that on

28.09.2024, when the matter was listed before the learned Trial Court for

examination of a public witness, PW-6 IO WSI Shanti Barla appeared for

her testimony. On that date, the learned proxy counsel appeared on behalf of

the petitioner and sought an adjournment on the ground that the main

counsel was out of town. Although the said submission was duly recorded,

the learned Trial Court proceeded to record the examination-in-chief of PW-

6 and noted the cross-examination as “NIL opportunity given,” thereafter

discharging the witness. It is further submitted that on 10.12.2024, when

PW-7 SI Malkhan Singh appeared for his examination, the learned proxy

counsel again appeared on behalf of the petitioner and sought an

adjournment on the ground that the main counsel was unavailable due to

having met with an accident. In support of the said submission, medical

documents pertaining to the main counsel were placed on record. Despite

this, the learned Trial Court recorded the examination-in-chief of PW-7,

noted the cross-examination as “NIL opportunity given,” and discharged the

witness. It is argued that the non-appearance of the main counsel for the

petitioner on both the aforesaid dates was solely on account of medical

exigency and was neither intentional nor deliberate. It is, therefore, prayed

that the impugned order be set aside and the petitioner be permitted to recall

the aforesaid witnesses in the interest of justice and to ensure a fair trial.

4. The learned APP for the State, who is assisted by the counsel for the

complainant, on the other hand, opposes the prayer made in the present

petition. It is argued that the present petition filed by the petitioner herein is

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

The Order is downloaded from the DHC Server on 06/02/2026 at 13:04:12

a tactic to delay the trial. It is further argued that PW-6 and PW-7 were

examined in the presence of the proxy counsel. Therefore, it is prayed that

the petition herein be dismissed.

5. This Court has heard the arguments of the learned counsel appearing

for the petitioner as well as the learned APP for the State, who is assisted by

the lear