Interim Order 10

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: SC 711/2025
STATE Vs. RAHUL KUMAR ANSHU
FIR No. : 245/2025
PS : Timar Pur
27.04.2026
Present: Sh. Alok Saxena, Ld. CPP for State.
Accused Rahul Kumar @ Anshu not produced from
JC, Rohini Jail through VC.
Accused Mohd. Sadik produced from JC.
Sh. Rahul, Ld. Counsel for accused Rahul Kumar @
Anshu.
Sh. Talib, Ld. Proxy Counsel for accused Sadik.
The case is fixed for arguments on charge. However,
perusal of the file shows that arguments have already been heard
on 12.03.2026.
Put up for orders at 4:00 pm.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
27.04.2026
At this stage,
at 2.25 pm.
Accused Rahul Kumar @ Anshu has been produced
through VC from Rohini Jail. He has been apprised of Court
proceedings and NDOH. He be produced physically on the
NDOH.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
27.04.2026
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Order:-
Ld. CPP for the State submitted that there is
sufficient material on record to frame charge u/s 103(1) read with
Section 3(5) BNS against both the accused persons.
Ld. counsel for the accused Rahul @ Anshu
submitted that he has no motive or intention to commit murder of
the deceased; no weapon of offence was used in commission of
the offence which shows lack of intention; the accused is not a
heavily built person and could not have caused death of the
deceased by fist blows alone; postmortem report of the deceased
shows that death was caused through brain damage which could
not have occurred by punches alone; the deceased was also
having a lung condition which might have resulted in death.
Ld. Counsel for accused Saddiq submitted that there
are no eye witnesses to the incident; there was no intention or
motive to cause death; there was no past enmity; no heavy force
or weapon was used in the offence and it was only a minor
scuffle.
I have considered the rival submissions and have
gone through the case file.
On 17.06.2025, on receipt of GD no. 26A, SI Anuj
reached Hindu Rao Hospital and obtained MLC no.5276/25 of
Karan Kumar, who was declared brought dead. After getting the
body preserved, SI Anuj reached Special Home for Boys, Majnu
Ka Tila where he found that deceased Karan Kumar had scuffled
with accused Mohd. Saddiq and Anshu in the bathroom on
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15.05.2025. Statement of security guard Punit Kumar was
recorded to the effect that on 17.06.2025 at about 09.15 AM, he
and his co-worker Rakesh were sitting outside the bathroom in
the OHB(A); at that time, a commotion was heard. He and
Rakesh opened the gate of the bathroom; Rakesh went inside and
saw that one boy Karan was lying unconscious on the floor.
Karan was taken to Hindu Rao Hospital. When he (Punit Kumar)
checked the CCTV Footage, it was found that scuffle was going
on between deceased Karan and accused Mohd. Saddiq. At that
time, accused Rahul Kumar @ Anshu gave several fist blows to
deceased Karan due to which he fell down and became
unconscious.
During investigation, site plan was prepared and
statements of witnesses were recorded. Postmortem of the
deceased was conducted. File of the accused persons were
obtained from their school as per which they were found to be
above the age of 18 years. After completion of the investigation,
charge-sheet was filed.
It has come on record that the accused persons have
hit the deceased on his head. As per the postmortem report, the
cause of death was brain damage caused by traumatic brain
injury and edema of the brain upon blunt force which is sufficient
to cause death in the ordinary course of nature.
From the contents of the FIR, statements of the
witnesses recorded u/s 161 Cr.P.C and the documents collected
during the investigation, prima facie case for commission of
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offence u/s 103(1) read with Section 3(5) BNS is made out
against both the accused persons.
Put up for framing of charge against both the
accused persons on 13.05.2026.
(Nishant Garg)
ASJ-06 (Central),
Tis Hazari Courts, Delhi
27.04.2026
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