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Abhishek Kumar vs State Nct Of Delhi & Anr. on 13 February, 2019

* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: February 13, 2019
+ CRL.M.C. 440/2017
ABHISHEK KUMAR …..Petitioner
Through: In person
Versus
STATE NCT OF DELHI ANR. …..Respondents
Through: Ms. Neelam Sharma, Additional
Public Prosecutor for respondent-
State
Mr. Arvind Kumar, Advocate for
respondent No.2
CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR
ORDER

(ORAL)

Impugned order of 11th September, 2015 puts petitioner on trial for
the offences under Sections 498A/406 IPC in FIR No. 361/2012,
registered at police station Pandav Nagar, Delhi. Against trial court’s
order of framing Charges against petitioner, a revision petition was
preferred. The Revisional Court vide impugned order of 26th December,
2016 has dismissed it by observing that at this stage prima facie case has
to be seen and appreciation of evidence is not required to be undertaken
and has relied upon decisions of Supreme Court to hold so.

Petitioner, who appears in person, chooses to argue himself and
submits that the entire case set up against him is based on twisted facts
and fabricated documents of forceful abortion and on falsehood.
Petitioner submits that the marriage in question had lasted only for 47

Crl.M.C. 440/2017 Page 1 of 2
days. It is submitted that parents of complainant were residing with the
complainant at petitioner’s house and so, question of subjecting
respondent-complainant to cruelty does not arise.

Regarding offence under Section 406 IPC, it is submitted by
petitioner that as per the complainant, she had voluntarily left her
matrimonial house and had handed over the keys of the house to the
Security Guard. It is submitted that while leaving the house, complainant
has taken away all her stridhan and even the official documents of
petitioner. So, it is submitted that no case for trying petitioner for the
offence under Section 406 IPC is made out.

Upon hearing and on perusal of impugned order of 11 th September,
2015 and the material on record, I find that allegations made against
petitioner by respondent-complainant makes out a prima facie case to put
petitioner on trial for the offences under Section 406 IPC and under
Section 498-A IPC. Finding no merit in this petition, it is dismissed while
refraining to comment upon the merits of the case, lest it may prejudice
petitioner at trial.

(SUNIL GAUR)
JUDGE
FEBRUARY 13, 2019
r

Crl.M.C. 440/2017 Page 2 of 2

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