Allowed

Nitin Sharma v. State Govt. of NCT of Delhi

Delhi HC17 Dec 2024CRL.M.C./9887/2024

Case brief

AI extract

What is this about?

Petitioner challenged dismissal of applications for speedy trial and coercive action against prosecutrix for non-appearance. High Court allowed the exemption application, issued notice, and directed the trial court to ensure prosecutrix's presence and expedite trial within one year.

What did the court decide?

Direction to trial court to ensure presence of prosecutrix and expedite trial within one year.

Nitin Sharma Vs State Govt. of NCT of Delhi — Criminal Trial and Appeal | Delhi HC (2024)

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$~46

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9887/2024

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NITIN SHARMA .....Petitioner Through: Mr. Satish Aggarwala, Mr. Karan Ahuja, Mr. Anubhav Tyagi, Mr. Kuldeep Jauhari, Ms. Alka Nupur Singh, Ms. Manisha Yadav, Mr. Sarthak Chugh, Ms. Samta Sharma, Mr. Sahil Ahuja and Mr. Satish Tripathi, Advs. along with petitioner.

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versus

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STATE GOVT. OF NCT OF DELHI & ANR. ....Respondents Through: Mr. Digam Singh Dagar, APP for State with SI Yogesh Kumar, DIU, Rohini and SI Rimpi Devi, DPA, Dwarka.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R

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% 17.12.2024

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CRL.M.A. 37873/2024 (exemption)

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Allowed, subject to just exceptions.

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The application stands disposed of.

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CRL.M.C. 9887/2024

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The present petition has been filed under Section 528 of BNSS, 2023 seeking the following reliefs:

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“i. Set aside the impugned order dated 14.10.2024 passed by Ld. Trial Court of Sh. Kapil Kumar, ASJ, North-West, Rohini Courts dismissing the applications bearing Misc. Crl. Nos.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:58:14

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471/2024, 472/2024, 473/2024 and 475/2024 pursuant to FIR No. 94/2021 in the interest of justice.

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ii. Take necessary actions as per the provisions of Section 389 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to address the deliberate and repeated non-appearance of the Respondent No. 2.

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iii. Issue directions to drop the Prosecution witness.

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iv. Order that the matter (SC/19/2022) be listed for day-to-day trial before Sh. Kapil Kumar, ASJ, North-West, Rohini Courts, or

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v. Mandate that the proceedings be concluded within a specified time frame.”

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Mr. Satish Aggarwala, learned counsel appearing on behalf of the petitioner invites attention of the Court to the order dated 14.12.2023 to contend that the respondent no.2/prosecutrix is neither appearing physically nor she is co-operating in the progress of trial.

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He submits that option was also given to the prosecutrix to get her testimony recorded through VC. However, she did not divulge her address, where she is residing in London. Accordingly, the Court was constrained to observe that in such circumstances the testimony has to be recorded physically.

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He further submits that in the order dated 14.12.2023, it has also been recorded that prosecutrix stated that she would be visiting India in the month of November, 2024 and, as and when she would come to India, she would move an application for preponement of the hearing of trial.

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He submits that the prosecutrix came to India in September, 2024 but she never moved an application before the learned Trial Court seeking preponement of hearing for recording of her testimony.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:58:14

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He also submits that in the above factual backdrop, the petitioner was constrained to move four separate applications before the learned Trial Court, inter alia, praying for – (i) speedy trial; (ii) for dropping of respondent no.2/prosecutrix from the list of witnesses; (iii) for taking action against respondent no.2/prosecutrix for non-appearance despite service of summons and; (iv) seeking early and urgent hearing of the case.

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He submits that all the said applications were dismissed by the learned Trial Court vide impugned order dated 14.10.2024. However, the Court issued summons to the prosecutrix and directed the IO to effect service of summons upon the prosecutrix at London after ascertaining the address of the prosecutrix by contacting her.

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He submits that for the time being the petitioner is confining his prayer only to the direction to the learned Trial Court to expedite the trial in a time-bound manner, as well as, to take coercive steps against the respondent no.2 in case she does not appear.

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In view of the above, issue notice. Mr. Digam Singh Dagar, learned APP appearing on behalf of the State accepts notice. He submits that he has no objection in case necessary directions are given for the purpose of expeditious disposal of the trial.

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In view of the above, the learned Trial Court is directed to ensure the presence of the respondent no.2/prosecutrix at the earliest and, if need be, coercive action be taken against the prosecutrix to procure her presence.

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In any case, let the trial be expedited by the learned Trial Court, preferably, within a period of one year.

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:58:14

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The concerned IO/SHO will make an endeavour to bring the present order to the notice of the respondent no.2/prosecutrix as well.

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With the aforesaid directions, the petition stands disposed of.

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VIKAS MAHAJAN, J

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DECEMBER 17, 2024 aj

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 11:58:14

Nitin Sharma v. State Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Nitin Sharma v. State Govt. of NCT of Delhi

Case brief

What is this about?

What did the court decide?

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