Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Ct. Case No. 304/2026
Sarita Vs. Vipin
PS : Civil Lines.
03.10.2026
V.C. and Wifi of the Court are not working today.
ORDER ON APPLICATION U/s 175 (3) BNSS.
Present: None for the complainant.
1. Vide this order, I shall adjudicate upon the application U/s
175(3) BNSS filed by the applicant for the registration of FIR.
2. Arguments heard. File perused.
3. Briefly stated, it is the case of the complainant that
10.08.2024, the respondent entered at her hut at around 10:00 PM on the
pretext of asking for water, closed the curtain, and gagged the
complainant saying
“Halla Mat Karo Warna Jaan Se Maar Doonga”.
That the respondent made forcible physical relation with the
complainant, and took her nude photographs from his mobile phone, and
stated,
“Mein Ise Social Media Par Daal Kar, Tujhe Badnam Kar
Doonga”. The respondent also directed the complainant not to disclose
the incident to anyone. The respondent also threatened the mother-in-
law of the complainant with adverse action, if she made any complaint
against him. The respondent also threatened the complainant and her
Contd..2/-
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mother-in-law with death threats as well as with threats to implicate
them in false cases. That the complainant did not get her medically
examined as her mother-in-law prevented her from doing so, as the
matter was a caste issue. That the complainant also went to PS Civil
Lines, along with her husband and gave her written complaint to the
police on 08.09.2025, however, till no action has been taken against the
respondent. Hence, the present application U/s 175(3) BNSS, praying
that FIR be registered against the respondents under the relevant
sections.
4. ATR was called in this matter. As per ATR dated
16.04.2026, the complainant had made two complaints dated 02.08.2025
and 08.09.2025 against the respondent alleging that the respondent had
raped her twice. However, later on she gave a written statements to the
effect that she had made false complaints against the respondent, as she
thought that her husband Monu who was running in J.C. in FIR No.
442/2025, PS: Civil Lines, would be released from J.C. in view of the
complaint. It is further stated in the ATR, no cognizable offence is made
out against the respondent in the present case. The statements of the
complainant as recorded by the IO have also been annexed along with
the ATR.
Contd..3/-
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5. Perusal of the complaint reveals that the complainant has
the particulars of the respondents. The entire facts alleged are in the
personal knowledge of the complainant. The allegations made by the
complainant can be proved only by her when given an opportunity to
lead PSE. Entire evidence is within the reach of the complainant. No
field investigation is deemed necessary. Further, it is required to conduct
the PSE of the complainant, as the ATR suggests that the complaint
given by the complainant is false, and the complainant has already given
her statement to this effect in the P.S.
6. Application under Section 175(3) BNSS is accordingly
hereby dismissed. Complainant is, however, called upon to lead pre-
summoning evidence U/s 223 BNSS.
7. List for recording of pre-summoning evidence on
19.04.2027.
(Kartik Taparia)
JMFC-06(C)/THC/Delhi/03.10.2026
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