In a suo motu order on two criminal matters, the Delhi High Court rejected the petitioner's prayer for further investigation regarding honey trapping and extortion allegations in a consent-based sexual intercourse case.
The order permitting exemption (with exceptions) was allowed, and the cost of Rs.20,000 deposited by the petitioner was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA % O R D E R
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 3256/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
W.P.(CRL) 350/2024 & CRL.M.A. 3257/2024
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W.P.(CRL) 350/2024 Page 1 of 4
Digitally Signed By:DINESH CHANDRA Signing Da te:0 5.02.2024 20:12:16
has been dismissed.
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W.P.(CRL) 350/2024 Page 2 of 4
Digitally Signed By:DINESH CHANDRA Signing Da te:0 5.02.2024 20:12:16
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W.P.(CRL) 350/2024 Page 3 of 4
Digitally Signed By:DINESH CHANDRA Signing Da te:0 5.02.2024 20:12:16
allegation that the prosecutrix may be a member of gang of ‘honey trapping’ or the second mobile phone used by prosecutrix may contain some evidence of extortion, does not appeal to direct further investigation under Subsection (8) of Section 173 Cr.P.C. In view of above, no grounds are made out to direct further investigation as prayed by the petitioner. However, the cost of Rs.20,000/- directed to be deposited by the petitioner vide impugned order is set aside. Petition is accordingly disposed of.
A copy of this order be forwarded to the learned trial court for information.
(ANOOP KUMAR MENDIRATTA)
JUDGE
FEBRUARY 1, 2024/v
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W.P.(CRL) 350/2024 Page 4 of 4
Digitally Signed By:DINESH CHANDRA Signing Da te:0 5.02.2024 20:12:16
2 issues framed by the court
Whether the High Court should direct further investigation into allegations of honey trapping and extortion in a sexual offence case.
Whether the failure of the investigating agency to seize the prosecutrix's second mobile phone justifies further investigation.
3 provisions across 2 enactments
Piyush Agarwal
NCT of Delhi
Anoop Kumar Mendiratta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
