Delhi High Court – Orders
Archasman Singh vs State Nct Of Delhi & Ors on 17 April, 2025
$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 142/2025
ARCHASMAN SINGH .....Petitioner
Through: Mr. Ashok Chhaparia, Advocate
versus
STATE NCT OF DELHI & ORS. .....Respondents
Through: Ms. Manjeet Arya, APP for State with
WSI Suman Lata, PS Greater Kailash
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
ORDER
% 17.04.2025
[Physical Hearing/Hybrid Hearing (as per request)]
CRL.M.A. 11576/2025 (exemption)
1. Allowed, subject to all just exceptions.
CRL.REV.P. 142/2025 & CRL.M.A. 11575/2025 (stay)
2. The petitioner has assailed order dated 11.03.2025 of the learned
Additional Sessions Judge, whereby after detailed analysis, the learned trial
court opined that there is sufficient material to frame charge against the
present petitioner for offence under Section 354/509/451/174A/34 IPC &
Section 3(1)(s)(w) Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act (hereinafter referred to as the SC/ST Act) in case FIR No
173/2016 dated 13.05.2016 at PS Greater Kailash.
3. Learned counsel for petitioner contends that no offence under the
SC/ST Act can be made out because out of three alleged victims, two could
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not produce their caste certificates while the third alleged victim, allegedly
belonging to the caste Lohar does not belong to SC/ST community
according to the list Annexure P5. In this regard, learned counsel for
petitioner also places reliance on the judgment of Hon’ble Supreme Court in
the case of Sunil Rai vs State of Bihar, Writ Petition (Civil) No. 1052/2021
decided on 21.02.2022.
4. Learned APP accepts notice on behalf of respondent no. 1.
5. Subject to petitioner taking steps within one week, notice through all
modes be issued to the respondents no.2-4, returnable on 07.07.2025.
6. At this stage, learned counsel for petitioner submits that in addition to
the above arguments, he seeks reliance on the document Annexure P7 which
is affidavit of the alleged victim Ms. Z (respondent no. 4 herein). That
affidavit is stated to have been filed in W.P.(CRL.) 1258/2018. Learned
counsel for petitioner further submits that the remaining two alleged victims
also filed similar affidavits and he shall place on record copies of those
affidavits within one week. In her affidavit Annexure P7, the alleged victim
Ms. Z has explained the disputes between the present petitioner and one
Ashutosh Verma and has categorically testified that no incident as alleged in
the present case took place with her and that she filed false complaint on
being pressurized by Ashutosh Verma. The IO/SI Suman submits that she
did not examine the said affidavit.
7. Considering the above mentioned affidavit in the light of nature of the
present proceedings under Section 482 CrPC, I find it a fit case to stay the
trial court proceedings. Of course, it is made clear that presently I am
unable to find any infirmity in the impugned order. It is only on the basis of
the said affidavit that it needs to be examined as to whether inherent powers
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be invoked. Therefore, proceedings before the trial court are stayed till next
date of hearing.
GIRISH KATHPALIA, J
APRIL 17, 2025/as
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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 17/04/2025 at 22:16:37