Remanded

R v. Govt. of NCT of Delhi & Anr.

Delhi HC6 Sept 2024CRL.REV.P./619/2024

Case brief

AI extract

What is this about?

Revision petitioner challenged the ASJ's order declaring the victim as not being a child and lack of jurisdiction. The High Court directed the matter to be remanded to the ASJ for reconsideration of the issue of age determination and incident dates. The matter was placed before the Principal District & Sessions Judge for allocation.

What did the court decide?

Matter remanded to the Court of ASJ (West) Tis Hazari Courts for reconsideration of the issue regarding age and incident dates, and placed before the Principal District & Sessions Judge for allocation

R Vs Govt. of NCT of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2024)

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$~26

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.REV.P. 619/2024 CRL.M.A. 14357/2024 R .....Petitioner

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Through: Mr. Hemant Kumar, Advocate.

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versus

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GOVT. OF NCT OF DELHI & ANR. .....Respondent Through: Mr. Pradeep Gahalot, APP for State. Mr. Shubham Aggarwal, Advocate for respondent.

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CORAM:

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HON'BLE MR. JUSTICE ANISH DAYAL O R D E R % 06.09.2024

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The said revision petition impugns the order dated 16^th September, 2023, passed by ASJ, concluding that the victim was not a child and court had no jurisdiction to enquire in the present case.

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As noted in the impugned order, per the ossification report, upper age limit was shown to be 18 years. The ossification report was dated 09^th June, 2023, and the date of the conduct of the test, was 06^th June, 2023.

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Counsel for petitioner states that date of the incident noted by the impugned order as 03^rd May, 2023, is actually the date of the registration of the FIR.

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A perusal of the FIR would show that there are incidents complained of were of 3 years back from the date of the registration, therefore, it may be necessary for the Trial Court to consider this aspect, basis the records.

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Depending on that, the matter would have to be allocated to the

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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 09/09/2024 at 12:14:05

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appropriate Court.

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Accordingly, the matter is remanded back to the Court of ASJ (West) Tis Hazari Courts for reconsideration of this issue.

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Matter be placed before Principal District & Sessions Judge, (West) Tis Hazari Courts 10^th September, 2024 for directions and allocation to appropriate Court.

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Petition is disposed of accordingly.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 6, 2024/RK

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Click here to check corrigendum, if any

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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 09/09/2024 at 12:14:05

R v. Govt. of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

R v. Govt. of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

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