LAWS(DLH)-2013-7-352

STATE Vs. ARUNA CHADHA

Decided On July 25, 2013
STATE Appellant
V/S
Aruna Chadha Respondents

JUDGEMENT

(1.) By virtue of this Petition under Section 482 of the Code of Criminal Procedure(the Code), the State seeks expunction of the observation/remarks made by the learned Additional Sessions Judge(ASJ) in his order dated 10.05.2013 while ordering framing of the charge against the Respondents. It is averred that while framing charge against the Respondents, the learned ASJ while exercising jurisdiction under Section 227/228 of the Code was duty bound to examine the entire material before it and to opine as to the offences for which the charge is to be framed against the Respondents. It is stated that the issue of sexual exploitation was brought to the notice of the Trial Court by the learned Public Prosecutor who referred to the material as stated in para 4 of the Petition. The State is aggrieved by the observations made in paras 76, 80, 82 and 92 of the order dated 10.05.2013, which are extracted hereunder:

(2.) Notice of this Petition was issued to the Respondents; they preferred not to file any reply to the same.

(3.) I have heard Mr. Sidharth Luthra, learned Addl. Solicitor General for the State and Mr. U.U. Lalit, learned Senior Counsel on behalf of the first Respondent. No arguments have been advanced on behalf of the second Respondent.