Ghanshayam v. State (Government of NCT of Delhi) & Anr.

Delhi HC20 May 2025CRL.M.C./1538/2025

Case brief

AI extract

What is this about?

CRL.M.C. 1538/2025; Ghanshayam v. State (GNCTD); Delhi High Court; Justice Amit Mahajan; 20.05.2025; FIR No. 253/2016; ASJ (POCSO) South East Saket Courts; closure of right to cross-examine PW-2; orders dated 18.01.2025 and 03.02.2025 set aside; one last opportunity to cross-examine witness; cost ₹30,000/- to PW-2; trial listed 03.06.2025; petition disposed of.

What did the court decide?

Impugned orders dated 18.01.2025 and 03.02.2025 (closing cross-examination of PW-2) set aside; petitioner granted one last opportunity to cross-examine PW-2; matter to be listed before the concerned Trial Court on 03.06.2025, with the Trial Court requested to fix a date for examination of PW-2 subject to payment of a cost of ₹30,000/- by the petitioner to PW-2. ¶¶15

Ghanshayam Vs State (Government of NCT of Delhi) & Anr. — Delhi HC (2025) — LawSathi Research

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$~51

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 1538/2025 GHANSHAYAM .....Petitioner Through: Mr. Harshvardhan Sharma, Mr. Shashwat and Mr. Rohan Gautam, Advocates.

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versus

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STATE (GOVERNMENT OF NCT OF DELHI) & ANR. .....Respondents Through: Mr. Sunil Kumar Gautam, APP for the State wit SI Paras Dhyani, PS Hazrat Nizamuddin.

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

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% 20.05.2025

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The present petition is filed against the orders dated 18.01.2025 and 03.02.2025 passed by the learned Additional Sessions Judge (POCSO), South East, Saket Courts, New Delhi in FIR No. 253/2016 closing the right of the petitioner to crossexamine PW-2.

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Since the matter has not proceeded before the learned Trial Court after passing of the impugned orders, this Court considers it apposite to give one last opportunity to the petitioner to crossexamine the witness (PW-2), on the petitioner adequately compensating the said witness.

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In view of the above, the orders dated 18.01.2025 and 03.02.2025 are set aside.

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Let the matter be listed before the concerned learned Trial 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. Court on 03.06.2025. The learned Trial Court is requested to fix The Order is downloaded from the DHC Server on 23/05/2025 at 12:57:49

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This is a digitally signed order.

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a date for examination of witness (PW-2), subject to payment of

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a cost of ₹30,000/- to be paid by petitioner to PW-2.

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The petition stands disposed of.

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A copy of this order be communicated to the concerned Principal District & Sessions Judge for necessary compliance.

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AMIT MAHAJAN, J

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MAY 20, 2025 DU

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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 23/05/2025 at 12:57:49

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This is a digitally signed order.

Ghanshayam v. State (Government of NCT of Delhi) & Anr.

Case brief

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Ghanshayam v. State (Government of NCT of Delhi) & Anr.

Case brief

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