D.N. TANEJA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The Petitioner invokes inherent powers of this Court under Section 482 of the Code of Criminal Procedure("the Code") for setting aside of the order dated 17.12.2012 passed by the learned Additional Sessions Judge("A.S.J.") and for quashing of FIR No.76/2012 dated 07.06.2012 registered at Police Station Barakhamba Road in view of the final report filed by the investigating agency.

(2.) The facts of the case and the contentions raised on behalf of the Petitioner can be broadly culled out from paras 2 and 3 of the impugned order which are extracted hereunder:

(3.) The learned A.S.J. while declining to interfere with the order dated 17.11.2012 passed by the learned Metropolitan Magistrate("M.M.") taking cognizance against the Petitioner reasoned that there was consistent complaint of rape in the statement made to the police under Section 161 of the Code and the statement recorded by the learned M.M under Section 164 of the Code. There were other supporting materials to the statements of the prosecutrix recorded under Sections 161 and 164 of the Code. The learned A.S.J. held that the delay in registration of the FIR and the negative opinion on MLC were not material because the prosecutrix in her statement had stated that because of fear and shame, she did not lodge any complaint against the Petitioner earlier.