$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2908/2024, CRL.M.A. 28446/2024 RAJAN PARMAR .....Petitioner Through: Adv Zoya Mehta, Adv Shivani Rafi, Adv Naman Kumar, Adv Harshit Sharma along with petitioner Rajan Parmar, Advocates. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Anand V. Khatri, ASC for State with SI Sumit P.S. Mohan Garden. Mr. Ravindra Narayan Singh (Advocate) for R-2. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 17.09.2025 1. A Petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the Petitioner for setting aside the impugned Orders dated 04.03.2024 and 18.07.2024, passed by learned M.M in Complaint Case No.12367/2019. 2. It is submitted that the Petitioner had filed the Application under Section 311 Cr.P.C for recall of the Complainant/wife for further cross- examination, which was dismissed vide Order dated 04.03.2024. The Order dated 04.03.2024, however, is not assailed and the Counsel for the Petitioner had given a Statement on 20.09.2024. 3. The second Application under Section 311 Cr.P.C for placing missing 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 25/09/2025 at 12:53:51 audio CD on record and also for examination of a witness from Truth Lab to produce the Report in respect of the missing CD which had been examined by the Truth Lab, which was dismissed vide Order dated 18.07.2024. The present Petition is confined only to challenge the Order dated 18.07.2024 for placing on record the missing CD. 4. It is submitted that the original Transcript of the CD had been filed in the Trial Court along with the List of Witnesses dated 08.01.2025 while the original CD had been filed along with the List of Documents on 04.04.2015. While all other documents are on record, but unfortunately the CD is not traceable. It is submitted that one opportunity be given for placing on record the CD along with the copy of the Transcript, which is already on record, to the Complainant. It is further submitted that only one opportunity be given to the Petitioner for examining the witness from Truth Lab to prove the CD and its contents. No further evidence of the Petitioner is stated to be tendered thereafter. 5. Considering the submissions made and also that CD, as per List of Documents dated 04.04.2015 had been placed on record, which is now not available on record, the Petitioner is given one opportunity to place the CD on record within fifteen days with a copy to the Petitioner’s counsel along with the copy of the Transcript, which has already been placed on judicial record. Further, only one opportunity shall be given to examine the witness from Truth Lab to prove the authenticity of the CD, copy of which has now been placed on record. 6. The learned Trial Court shall give one date for examination of the witness from Truth Lab to the Petitioner, who shall be duly cross-examined by the Complainant 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 25/09/2025 at 12:53:51 7. The Petition is accordingly disposed of. NEENA BANSAL KRISHNA, J SEPTEMBER 17, 2025 va 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 25/09/2025 at 12:53:51