LAWS(DLH)-2023-10-16

TARAK NATH GUPTA Vs. STATE OF DELHI

Decided On October 13, 2023
TARAK NATH GUPTA Appellant
V/S
STATE OF DELHI Respondents

JUDGEMENT

(1.) The present petition under Sec. 397/401 of the Code of Criminal Procedure, 1973 ('CrPC') seeks the following prayers:

(2.) The facts of the case are that FIR No. 2038/2015 was registered under Ss. 498A/304B of the IPC at PS Malviya Nagar, at the instance of petitioner no. 1, Sh. Tarak Nath Gupta who stated that his daughter was married to respondent no. 2, Sh. Swatantra Kumar Jaysawal in the year 2010. It was further alleged that thereafter, respondent no. 2 secured a good job in year 2012 and started harassing the complainant's daughter, as a result of which she committed suicide by hanging herself at Khirki Village on 25/10/2015.

(3.) During the course of trial of the aforesaid case, the petitioners, who are the parents of the deceased, during their cross-examination, were questioned about a telephonic conversation between them and their deceased daughter. The petitioners, in their examination before the learned Trial Court, denied to identify their voices. Subsequently an application was filed by respondent no. 2 under Sec. 91 of the CrPC seeking the following prayers: