REKHA VOHRA BHALLA Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C. by the complainant in FIR No.22/2009 registered under Ss. 506/509/34 IPC at PS Hazrat Nizamuddin Delhi against the order dtd. 30/9/2019 passed by the learned Additional Sessions Judge - 03, S.E. Saket Courts.

(2.) It may be noted at this juncture, that vide order dtd. 23/9/2016 the learned Metropolitan Magistrate ("MM")-03/SE, Saket Courts had directed the framing of charge against the respondents No.2 to 4 for offences under Ss. 506, 509 read with 34 IPC. Aggrieved, respondents No.2 to 4 filed a revision which was allowed by the learned ASJ-03/SE, Saket Courts vide the impugned order dtd. 30/9/2019, discharging the accused, namely respondents No.2 to 4, and thus allowing the criminal revision petition.

(3.) Mr. Rajeshwar Singh, learned counsel for the petitioner has submitted that in the impugned order there has been no discussion whatsoever, in respect of the offences under Sec. 509 read with 34 IPC. Therefore, the order be set aside and the matter be remanded. It is also submitted that there is no doubt that the incident had occurred and the complainant had made the statement to the Police about how she had been grappled and assaulted, abused and threatened and her statement was sufficient to frame the charge against the accused persons, namely the respondents No.2 to 4. On this ground too, learned counsel urged that the order be set aside and that of the learned MM restored and the matter be remanded to the learned Trial Court for trial as per law.