SOHAIL MALIK Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present petition filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), the petitioner impugns orders dtd. 24/4/2024 and 28/5/2024 made by the learned Metropolitan Magistrate, Patiala House Courts, New Delhi, whereby the learned Magistrate has dismissed an application dtd. 1/4/2024 filed by the petitioner under Sec. 91 of the Code of Criminal Procedure 1973 ('Cr.P.C.'). Vide application dtd. 1/4/2024 the petitioner had sought preservation of certain evidence and information as detailed in paras 5(e), (f) and (g) of that application. Furthermore, the petitioner also seeks restoration of order dtd. 5/4/2024 passed by the learned Magistrate, whereby the Investigating Officer ('I.O.') was directed to preserve the electronic data/records/information, including Call Detail Records ('CDRs'), as referred-to in that application.

(2.) Briefly, the petitioner (hereinafter "accused") is facing allegations of stalking and sexual harassment levelled by respondent No.2 (hereinafter "complainant") against him vide police complaint dtd. 16/5/2023, which complaint has culminated in the registration of FIR No. 0053/2023 dtd. 16/5/2023 under Sec. 354/354-D/506/509 of the Indian Penal Code, 1860 ('IPC') at P.S.: Parliament Street, New Delhi. Subsequently, chargesheet dtd. 9/3/2024 has been filed in the matter under Sec. 354/354-D/506/509/201/204 IPC and Sec. 67 of the Information Technology Act, 2000.

(3.) It is the complainant's case that since the year 2020, the accused had been stalking and making inappropriate advances towards her, despite the complainant having given repeated warnings and a clear indication of her disinterest in the accused from the very outset. On the other hand, it is the case of the accused that over a period of 03 years between 2020 and 2023, the engagement between the parties had gradually grown into an intimate and romantic relationship, which turned sour only when the complainant's husband came to know about their relationship.