Narender Kumar vs Govt Of Nct Of Delhi & Anr on 10 July, 2026

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    Delhi High Court – Orders

    Narender Kumar vs Govt Of Nct Of Delhi & Anr on 10 July, 2026

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                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +    CRL.REV.P. 391/2026
                                   NARENDER KUMAR                          .....Petitioner
                                                  Through: Mr. Bhuvneshwar Tyagi, Adv.
    
                                                                      versus
    
                                        GOVT OF NCT OF DELHI & ANR.          .....Respondents
                                                     Through: Mr. Naresh Kumar Chahar, APP for
                                                               State.
    
                                        CORAM:
                                        HON'BLE MS. JUSTICE MADHU JAIN
                                                           ORDER
    
                              %                            10.07.2026
                                        This hearing has been done through hybrid mode.
                              CRL.M.A. 19732/2026
    

    1. Allowed subject to all just exceptions. The application is disposed of.
    CRL.REV.P. 391/2026 & CRL.M.A. 19731/2026

    2. This is a petition under Sections 397/401 of the Code of Criminal
    Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) read with Section
    483
    of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to
    as the ‘BNSS’), seeking setting aside of the order dated 01.04.2026 passed by
    the learned ASJ (FTSC)(RC), Central District, Tis Hazari Courts, Delhi in SC
    No. 29/2025, arising out of FIR No. 31/2024, Police Station Subzi Mandi,
    registered under Sections 376B/377/323/506 of the Indian Penal Code, 1860
    (hereinafter referred to as the ‘IPC‘), whereby charges under Sections 376/377
    IPC were directed to be framed against the petitioner.

    SPONSORED

    3. Briefly stated, the petitioner and respondent no. 2 were married on
    19.04.2008, and two daughters were born out of the wedlock. Subsequently,
    matrimonial disputes arose between the parties, and they initiated divorce

    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 14/07/2026 at 21:20:28
    proceedings by mutual consent. The first motion under Section 13-B of the
    Hindu Marriage Act, 1955 (hereinafter referred to as the ‘HMA’) was allowed
    by the Family Court, Dwarka, on 04.11.2022, and a decree of divorce by
    mutual consent was thereafter granted on 19.05.2023.

    4. Thereafter, respondent no. 2 submitted a written complaint alleging
    commission of offences by the petitioner in relation to incidents stated to have
    taken place in April, 2022, May, 2023 and 18.06.2023, pursuant to which FIR
    No. 31/2024 was registered on 13.01.2024 at Police Station Subzi Mandi
    under Sections 376B/377/323/506 of the IPC.

    5. Vide the impugned order dated 01.04.2026, the learned ASJ (FTSC)(RC),
    Central District, Tis Hazari Courts, Delhi held that charges under Sections
    376
    /377 IPC were made out against the petitioner while declining to frame
    charges under Sections 323/506 IPC.

    6. Learned counsel for the petitioner submits that the learned Trial Court has
    framed charges against the present petitioner in a wholly mechanical, arbitrary
    and illegal manner. He submits that there are glaring discrepancies between
    the allegations made by the prosecutrix, the documents placed on record and
    the statements of the other witnesses. He further submits that the prosecutrix
    was in a consensual relationship with the petitioner and that the parties were
    married and subsequently obtained a decree of divorce by mutual consent
    dated 19.05.2023. He further submits that thereafter, in connivance with the
    co-accused, namely, Dinesh Chamoli, the prosecutrix has lodged a false case
    against the petitioner.

    7. Issue notice.

    8. Learned APP for the State accepts notice and submits that all the facts
    stated by the learned counsel for the petitioner are disputed questions of fact
    and not of law, which cannot be decided at the stage of framing of charge
    without the parties leading evidence.

    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 14/07/2026 at 21:20:28

    9. Heard the learned counsel for the parties and perused the record.

    10. The principal submission advanced on behalf of the petitioner is that there
    are contradictions between the allegations made by the prosecutrix, the
    documents placed on record and the statements of the witnesses. It is further
    submitted that the parties were married, subsequently obtained a decree of
    divorce by mutual consent, and that the present case has been falsely lodged
    against the petitioner in connivance with the co-accused, who has been placed
    in Column No. 12 of the chargesheet.

    11. The aforesaid submissions raise disputed questions of fact which cannot
    be adjudicated at the stage of framing of charge. At this stage, the Court is
    only required to examine whether a prima facie case is made out on the basis
    of the material placed on record, and the prosecution case cannot be rejected
    at the threshold by presuming the allegations to be false. It may be noted that
    the Hon’ble Supreme Court, in its order in SLP(Crl) No. 9552/2021, titled
    Hazrat Deen v. State of Uttar Pradesh, has held that discrepancies between
    the FIR and a subsequent statement may constitute a defence available to the
    accused, however, such discrepancies cannot be made a ground for discharge
    without the trial being conducted, as the veracity and effect of such
    discrepancies are matters to be examined during the course of evidence and
    not at the threshold.

    12. The settled legal position governing the stage of framing of charge may
    be usefully noticed. The Court is required to examine whether the facts
    alleged by the prosecution and the material collected during investigation,
    taken at their face value, prima facie disclose the commission of the alleged
    offence. The material on record is to be sifted only for the limited purpose of
    determining whether sufficient grounds exist for proceeding against the
    accused; the Court is not to conduct a mini trial or adjudicate upon the
    correctness of the allegations at this stage. In Vikram Johar v. State of Uttar

    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 14/07/2026 at 21:20:28
    Pradesh & Anr., 2019 SCC OnLine SC 609, the Supreme Court held:

    “18. It is, thus, clear that while considering the
    discharge application, the Court is to exercise its
    judicial mind to determine whether a case for trial has
    been made out or not. It is true that in such proceedings,
    the Court is not to hold the mini trial by marshalling the
    evidence.”

    13. It thus emerges that at the stage of framing of charge, the Court is
    required to consider the material placed on record, hear the submissions
    advanced on behalf of the prosecution and the accused, and determine
    whether sufficient grounds exist for proceeding against the accused. If the
    Court finds that there is no sufficient ground for proceeding against the
    accused, it shall discharge the accused by recording reasons. On the other
    hand, if, upon such consideration, the Court is of the opinion that there is
    ground for presuming that the accused has committed an offence, it is
    required to frame the charge and proceed with the trial in accordance with
    law.

    14. It is well settled that the jurisdiction of the Court at the stage of framing
    of charge is very limited. At this stage, the Court is not required to
    meticulously examine the truth, veracity or effect of the evidence, nor can it
    evaluate the probable defence of the accused. The Court is only required to
    examine whether the material placed on record raises a strong suspicion
    giving rise to a presumption that the accused has committed the alleged
    offence. At the same time, the Court cannot act merely as a mouthpiece of
    the prosecution. The principles governing the scope of discharge and
    framing of charge under Sections 227 and 228 Cr.P.C. have been
    authoritatively laid down in Union of India v. Prafulla Kumar Samal &
    Anr.
    , (1979) 3 SCC 4, and reiterated in State v. S. Selvi & Anr., (2018) 13
    SCC 455, wherein the Supreme Court, quoting Sajjan Kumar v. CBI,
    (2010) 9 SCC 368, laid down the following principles:

    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 14/07/2026 at 21:20:28

    i) The Judge while considering the question of
    framing the charges under Section 227 CrPC has the
    undoubted power to sift and weigh the evidence for the
    limited purpose of finding out whether or not a prima
    facie case against the accused has been made out. The
    test to determine prima facie case would depend upon
    the facts of each case.

    ii) Where the materials placed before the court
    disclose grave suspicion against the accused which has
    not been properly explained, the court will be fully
    justified in framing a charge and proceeding with the
    trial.

    iii) The court cannot act merely as a post office or
    a mouthpiece of the prosecution but has to consider the
    broad probabilities of the case, the total effect of the
    evidence and the documents produced before the court,
    any basic infirmities, etc. However, at this stage, there
    cannot be a roving enquiry into the pros and cons of the
    matter and weigh the evidence as if he was conducting
    a trial.

    iv) If on the basis of the material on record, the court
    could form an opinion that the accused might have
    committed offence, it can frame the charge, though for
    conviction the conclusion is required to be proved
    beyond reasonable doubt that the accused has
    committed the offence.

    (v) At the time of framing of the charges, the
    probative value of the material on record cannot be
    gone into but before framing a charge the court must
    apply its judicial mind on the material placed on record
    and must be satisfied that the commission of offence by
    the accused was possible.

    (vi) At the stage of Sections 227 and 228, the court
    is required to evaluate the material and documents on
    record with a view to find out if the facts emerging
    therefrom taken at their face value disclose the existence
    of all the ingredients constituting the alleged offence.

    For this limited purpose, sift the evidence as it cannot
    be expected even at that initial stage to accept all that
    the prosecution states as gospel truth even if it is

    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 14/07/2026 at 21:20:28
    opposed to common sense or the broad probabilities of
    the case.

    (vii) If two views are possible and one of them gives
    rise to suspicion only, as distinguished from grave
    suspicion, the trial Judge will be empowered to
    discharge the accused and at this stage, he is not to see
    whether the trial will end in conviction or acquittal.”

    16. Applying the aforesaid principles to the facts of the present case, this
    Court finds no ground to interfere with the impugned order dated
    01.04.2026. The learned Trial Court has passed a well-reasoned order after
    considering the material placed on record and the submissions advanced by
    the parties, and no illegality, infirmity or perversity is found therein
    warranting interference in the exercise of revisional jurisdiction. The
    revision petition is accordingly dismissed.

    17. Nothing stated herein shall be construed as an expression on the merits
    of the case.

    18. Pending application(s), are accordingly dismissed.

    19. The order be uploaded on the website forthwith.

    MADHU JAIN, J
    JULY 10, 2026/prg/Av

    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 14/07/2026 at 21:20:28



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