$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010465062026 + CRL.REV.P. 577/2026 & CRL.M.A. 30347/2026 MUNESH ALIAS LUV AND ORS .....Petitioners Through: Mr. Mohit Kapoor, Adv. versus STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Satish Kumar, APP with Mr. Chandan Nath, Adv. and SI Ravinder, PS Paharganj. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 28.09.2026 CRL.REV.P. 577/2026 1. This is a criminal revision petition under Section 438 read with Section 442 and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) impugning the order on charge dated 27th July, 2026 passed by the learned Additional Sessions Judge, Special Fast Track Court-02 (Central), Tis Hazari Courts, Delhi in Sessions Case No. 477/2024 in case FIR No. 239/2024, PS Paharganj, registered on the complaint of the prosecutrix under Section 376/313/34 IPC. 2. The learned counsel for the petitioners submits that prior to the framing of charge, the learned Trial Court examined the prosecutrix wherein she stated that she was not raped by any of the accused persons nor did anybody abetted her in the commission of any offence against her. Despite the same, the learned Trial Court proceeded to 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 30/09/2026 at 11:41:26 frame charges against the petitioners by order dated 25th September, 2026. 3. The learned APP submits that the examination of the prosecutrix on 28th March, 2025 was without oath and was not subjected to any cross-examination by the APP and therefore, such examination is not a substantive evidence. According to him, prosecutrix had supported the allegations in her statement under Section 164 Cr.P.C. and therefore, prima facie charge is made out against the petitioners. 4. At this stage, Mr. Mohit Kapoor, learned counsel for the petitioners seeks permission to withdraw the present petition with a request that the learned Trial Court be directed to expedite the recording of the statement of the prosecutrix. 5. The statement made by the learned counsel is taken on record and the CRL.REV.P. 577/2026, along with pending application(s) is dismissed as withdrawn with request to the learned Trial Court to make all possible endeavours to record the statement of the prosecutrix as expeditiously as possible. 6. Copy of this order be sent to the learned Trial Court for information and compliance. RAVINDER DUDEJA, J SEPTEMBER 28, 2026/lks/ma 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 30/09/2026 at 11:41:26