MAMTA Vs. STATE OF DELHI AND ANR.

JUDGEMENT

(1.) Present petition under Sec. 482 Crimial P.C. has been preferred by the petitioner to challenge the legality and correctness of an order dated 04.12.2015 of learned Addl. Sessions Judge in Cr.No.01/14 whereby order dated 18.12.2013 of the Court below was upheld.

(2.) I have heard the learned counsel for the petitioner and have examined the file. The petitioner had lodged an FIR No.259/13 under Sections 376/506 Penal Code against respondent No.2 alleging that he had committed rape upon her on 24.05.2008. Subsequently, cancellation report filed by the Investigation Agency was accepted by the learned Metropolitan Magistrate by an order dated 18.12013. The prosecutrix filed Cr.No.01/14 to challenge the said order and it was dismissed. Being aggrieved and dissatisfied, the instant petition has been preferred.

(3.) Record reveals that the prosecutrix had visited the Police Station Preet Vihar on 12.08.2013 along with her brother and had informed that she had not made any complaint. On 108.2013, she recorded her 164 Crimial P.C. statement before the learned Metropolitan Magistrate. After recording satisfaction that the victim was making her statement voluntarily without any fear or pressure, learned Metropolitan Magistrate recorded her 164 Crimial P.C. statement. In the said statement, the prosecutrix denied allegations of rape against the respondent No.2. She expressed ignorance as to who had lodged complaint in her name. Subsequent to that, cancellation report was filed. The Trial Court issued notice to the complainant; she appeared before the Court and made a similar statement on 28.09.2013 in the presence of her brother and counsel. She also stated so in writing. Considering these facts and circumstances, the learned Addl. Chief Metropolitan Magistrate accepted the cancellation report vide order dated 18.12.201