XXXX Vs. STATE

JUDGEMENT

(1.) The petitioner in the instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, Cr.P.C.) seeks for issuance of direction to the trial court to pass an order on the application under Sec. 216 read with Sec. 323 of the Cr.P.C for addition of charge under Sec. 376 of the IPC before proceeding further with the recording of evidence.

(2.) The facts of the case show that on 28/1/2015, the petitioner made a complaint to the SHO of Police Station Maurya Enclave, Delhi regarding commission of offence of sexual harassment, stalking and threat to murder. Since no action was taken on the said complaint, therefore, the petitioner on 17/2/2015, filed an application under Sec. 156 (3) of the Cr.P.C before the court of learned ACMM, Rohini courts for issuance of direction to register an FIR. On 17/2/2015 itself, before issuance of any direction on her petition under Sec. 156 (3) of Cr.P.C., the concerned police registered an FIR No.149/2015 against the respondent for offences punishable under Ss. 376(2)(d)/354/354A/354B/354D/506/201/34 of the IPC and 67A of the Information Technology Act, 2000 (in short 'IT Act ')

(3.) After investigation, the police submitted the chargesheet. On 18/1/2018, the learned Additional Sessions Judge discharged respondent No.2/accused for the offence punishable under Sec. 376 (2) (d) of IPC. However, the said court found the respondents/accused to be liable for trial for other offences. Since the other offences were triable by Magistrate, accordingly, the respondents/accused were directed to appear before the CMM, North-West in terms of Sec. 228 of Cr.P.C for trial of other offences, for which chargesheet was filed against them.