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2000 DAILYLAW 1132 (DEL)

XXX v. STATE OF NCT OF DELHI

CRL.M.C./2000/2026 · 2026-07-30

Purushaindra Kumar Kaurav

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Judgment text

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$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2000/2026 XXX .....Petitioner Through: Mr. Shreeyash U. Lalit, Mr. Angad Pahel, Mr. Lavam Tyagi, Ms. Ishita Khurana and Mr.Himanshu Vats, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Shoaib Haider, APP for State CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 30.07.2026 1. The instant petition is for the following reliefs:- “i. Pass necessary orders and directions thereby directing the investigation agencies to add Section 10 POCSO Act in the Chargesheet filed pursuant to quashing the FIR No. 491/2025, P.S Jyoti Nagar, North East Delhi, under Sections 74, 115(2), 333, 304 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”) and all the proceedings emanating from the same. AND/OR ii. Pass necessary orders and directions thereby directing the investigation agencies to do further investigation in the FIR No. 491/2025 as the prima facie offense under Section 10 POCSO is made out AND/OR iii. Pass necessary orders and directions thereby transferring the investigation to a senior police officer of not less than the DGP rank as there is a evidence of current investigation agency is in hand in gloves with the accused persons and Ms. Minkal. AND/OR iv. Pass necessary orders and directions thereby forming a Special 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 01/08/2026 at 10:51:51 Investigation Team (SIT) and transfer the investigation to the same as the crime pertains to assault on a minor wherein deliberate and malafide intent is shown by the police officials. AND/OR v. Pass necessary any other orders and directions as this Hon’ble Court may deem fit and necessary in the facts and circumstances of the case.” 2. Heard learned counsel appearing on behalf of the parties. 3. Learned APP for the State points out that after investigation, the charge sheet has been filed and the investigating agency did not find any material to invoke Section 10 of the PCOSO Act. 4. In view of the aforesaid, the petitioner has ample opportunity to file a protest petition before the Court of competent jurisdiction and to satisfy the ingredients of Section 10 of the POCSO Act. 5. Liberty is granted to the petitioner to file the protest petition. If the petitioner does so, the same will have to be adjudicated on the basis of the material available on record and the legal position as may be applicable. 6. With these observations and liberty, the instant petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 30, 2026 Nc 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 01/08/2026 at 10:51:51