KUMUD CHAWLA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The instant revision petition has been filed under Ss. 397 and 401 read with Sec. 482 of the Code Of Criminal Procedure, 1973 ("Cr.P.C.") assailing the order dtd. 6/8/2022 passed by learned Additional Sessions Judge-01 (POCSO), Central District, Tis Hazari Courts, Delhi whereby the applications filed by the petitioners seeking discharge in Sessions Case No. 34/2022 in FIR No. 44/2021 dtd. 9/2/2021 were dismissed, and charges were framed under Ss. 323/354/354B/451/506/509/34 IPC read with Sec. 10 of POCSO Act against petitioner no. 1 and 3, and under Ss. 451/323/506/509/34 IPC against petitioner no. 2.

(2.) The brief facts of the case, leading to the filing of present petition are that a complaint was made by one 'DC' against the petitioners/ accused persons namely Kumud Chawla, Aayush Chawla and Sunil Chawla wherein it was alleged that all three accused persons, on 17/1/2021, after committing house-trespass, caused hurt to the complainant and her minor girl child, used criminal force and also outraged the modesty of both of them while passing filthy remarks. It was also stated that they were criminally intimidated and death threats were also extended to the complainant. On the basis of said complaint, the present FIR bearing no. 44/21 was registered on 9/2/2021 under Ss. 323/354/354B/451/506/509/34 of Indian Penal Code, 1860 and Sec. 8 of The Protection of Children from Sexual Offences Act, 2012 ("POCSO Act") at Police Station Prasad Nagar. Charge-sheet in the present case was filed on 28/1/2022, however arrest of none of them was deemed necessary by the Investigation Officer (IO). The petitioners were summoned vide order dtd. 28/1/2022 and all of them were admitted to bail on their appearance before the learned Trial Court on 3/3/2022.

(3.) Thereafter, three separate applications under Sec. 227 Cr.P.C. were moved on behalf of the petitioners seeking their discharge. The learned Trial Court vide order dtd. 6/8/2022 dismissed the said applications under Sec. 227 Cr.P.C. on the ground that the creditworthiness of the prosecution witnesses can be tested only during trial and proceeded to frame the charges The concluding part of the impugned order reads as under: