Amitabh Poddar Vs State Govt of NCT of Delhi — Delhi HC (2026) — LawSathi Research

Amitabh Poddar Vs State Govt of NCT of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to adopt such remedies as may be available for calling of any additional witness in defence, as may be permissible in accordance with law; pending applications, if any, also stand disposed-of. The merits of the impugned order were not adjudicated.

Issue for consideration

Whether the High Court, in this petition under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, should interfere with the sessions court's order dated 24.01.2026 dismissing the petitioner-accused's application under section 311 Cr.P.C. seeking recall of PW-3 and PW-4 (parents of the prosecutrix) in SC 2739/2019. +1 more

Court's answer

The present petition is disposed-of, granting liberty to the petitioner to adopt such remedies as may be available for calling of any additional witness in defence, as may be permissible in accordance with law; pending applications, if any, also stand disposed-of.

Ratio / Principle

Calling of the witness from the Registrar of Births and Deaths was not the prayer in the application under section 311 Cr.P.C., nor does the petitioner now wish to recall PW-3 or PW-4.

Detailed headnote1 paragraphs

Petition under S. 528 BNSS 2023 by Amitabh Poddar, accused in sessions trial SC 2739/2019, impugning the order dated 24.01.2026 of the Additional Sessions Judge (SC-POCSO), East District, Karkardooma Courts, Delhi dismissing his application under S. 311 Cr.P.C. which had been moved to recall PW-3 and PW-4, the parents of the prosecutrix. Counsel clarified that the petitioner's real object was to call the Registrar of Births and Deaths to establish that the prosecutrix was not minor on the date of the alleged offence. The Court observed that examining the Registrar was not the prayer in the S. 311 application, that the petitioner no longer wished to recall PW-3 or PW-4, that defence evidence stands closed, and that the trial has been pending final arguments since 19.09.2025. Without adjudicating the merits of the impugned order, the High Court disposed of the petition, granting the petitioner liberty to pursue whatever remedies are available in law for calling an additional defence witness; pending applications were also disposed of. Coram: Anup Jairam Bhambhani, J. Decided 10.04.2026.

$~113

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.M.C. 2732/2026, CRL.M.A. 11114/2026

AMITABH PODDAR .....Petitioner

Through: Mr. B.P. Sharma and Ms. Samsun Nihar, Advocates.

versus

STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Shoaib Haider, APP for the State. SI Manisha, P.S.: Mandawali. SI Shikha, Special Branch.

CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

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O R D E R 10.04.2026

By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner impugns order dated 24.01.2026 passed by the learned Additional Sessions Judge (SC-POCSO), East District, Karkardooma Courts, Delhi (‘sessions court’) in SC 2739/2019, whereby an application filed by the petitioner (accused) under section 311 of the Code of Criminal Procedure 1973 (‘Cr.P.C.’) has been dismissed by the learned sessions court.

In his opening arguments, Mr. B.P. Sharma, learned counsel appearing for the petitioner submits, that though the application under section 311 of Cr.P.C. was moved for recalling the PW-3 and PW-4, who are the parents of the prosecutrix, the petitioner in fact wanted to call the concerned Registrar of Births and Deaths as a witness in order to establish

CRL.M.C. 2732/2026

Page 1 of 2

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 20/04/2026 at 11:26:07

that the prosecutrix was not minor on the date of the alleged offence.

Clearly, calling of the witness from the Registrar of Births and Deaths was not the prayer in the application under section 311 Cr.P.C. nor does the petitioner now wish to recall PW-3 or PW-4.

The defence evidence in the matter stands closed and the matter has been pending for final arguments since 19.09.2025.

In the circumstances, the present petition is disposed-of, granting liberty to the petitioner to adopt such remedies as may be available for calling of any additional witness in defence, as may be permissible in accordance with law.

Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J

APRIL 10, 2026/ ak

CRL.M.C. 2732/2026

Page 2 of 2

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 20/04/2026 at 11:26:07