Final Order 1

Order Details: COPY OF ORDER
Pdf Text: 27 CT Cases / 378/2025 ‘S’ Vs. Nitin Kumar /0 (Patpar Ganj Industrial Area)
Ld. APP of this court is on leave today.
30-04-2025
Present : Ld. Counsel Sh. Hariom, Sh. Dikshant and Sh. Ashwani for
complainant.
IO SI Divya is present.
The matter is listed for filing of ATR.
ATR filed. Copy supplied.
Arguments heard.
Put up for orders at 04:00 pm.
(P. Bhargav Rao)
JMFC-05(East)/KKD Court
Delhi 30-04-2025
At 04:00 pm
Vide this order, I shall dispose of the application under Section 156 (3)
Cr.P.C.filed on behalf of the complainant.
Arguments on application under Section 156 (3) Cr.P.C. have been
heard.
Briefly stated facts of the case is that the complainant has been working
as a Relationship Manager at Nexa Magic Showroom, Plot No. 25, Patparganj Industrial
Area, Delhi, for about three years, and the accused person No. 1, Nitin Kumar, also
works at the same company as her senior. Due to their shared workplace, the accused
used to call the complainant under the pretext of helping her with work, but over time,
he began interfering in her personal matters. When the complainant had meetings with
the staff, the accused kept her at the company until late at night, taking advantage of his
position. On other occasions, when the complainant went out with the company staff,
Nitin Kumar insisted she stay late at the company. Moreover, the accused secretly
followed the complainant and took inappropriate photographs of her in the bathroom,
which she discovered when he threatened her. On several occasions, he would drop her
a short distance from her house, using sweet talk to distance her from her husband,
Anand Krishna, and manipulate her. On 25.06.2023, the complainant was invited by
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Nitin Kumar to a party at a flat where, after the party ended, the accused insisted on
dropping her home but stopped the car, offered her a soft drink, which caused her to feel
dizzy and lose consciousness. Upon regaining consciousness, the complainant found
herself in a room with the accused, who was naked, and her clothes were removed,
leading her to believe she had been raped. When the complainant confronted the
accused, he threatened her by showing her nude photos and warned that he would make
them public or share them with her in-laws if she spoke out. Fearful, the complainant
begged him to delete the photos, but he scolded her, made her dress, and dropped her
home. From that point onward, Nitin Kumar threatened to expose the photos and
continued to sexually exploit the complainant, taking her to hotels multiple times. He
also extorted around Rs. 4 lakhs from her by promising to delete the photos. During this
period, the accused forced the complainant to abort twice by administering medicine.
On 16.01.2025, the accused confronted the complainant again, demanding that she go
with him or he would make her photos viral and force her into suicide. When she
refused, he physically assaulted her, but she was saved by passersby. After returning
home, the complainant’s husband noticed her distressed condition, and she revealed the
details of the abuse, with her husband assuring her of support. With no other option, the
complainant filed a written complaint against the accused to the S.H.O. of the
Patparganj Industrial Area Police Station and higher authorities like DCP, East Delhi,
but no action was taken. A copy of the complaint is submitted for the Court’s
consideration. The complainant also filed an application for a status report before the
Hon'ble CJM, East District, Karkardooma Courts, which led to the Court directing the
Investigation Officer to file a report. The concerned I.O. filed an ATR, and the
application was disposed of with the direction to file the present petition. The
complainant alleges that accused persons No. 2 and 3, in collusion with accused No. 1,
intentionally and deliberately, misguiding the complainant did not register the FIR
against the complaint raised by the complainant. It is further submitted that the accused
No.2 and 3 in a greedy nature, did not register the FIR thereby violating the law and
procedure of the Criminal Code/BNSS. It is further stated that complainant has
apprehension that the accused person may viral the nude photos of the complainant on
the social media platform at any time or at any point as the threats of the aforesaid
accused person No.1 is still going on upon the complainant regarding viral of the nude
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photo of the complainant on social media platform.
ATR was filed by SI Divya in which she stated that a complaint vide Dy.
No. LC-68 PS/PIA EAST DIST DELHI (bearing ICMS No. 00081680532500016) was
received in PS Patparganj Industrial Area. Further, it is mentioned that a complaint
bearing ICMS No. 816804012501024 was also received in PS Patparganj Industrial
Area through the office of DCP, East District. It is further stated that the complaints
mentioned above were transferred to the Commissioner of Police, Ghaziabad for
necessary action. As per the complainant's version of the alleged incident dated
25.06.2023, the complainant went with the alleged person, Nitin, to an unknown flat in
Ghaziabad to celebrate his birthday party. There were 4-5 other persons also present at
the party. After the other persons left, the alleged Nitin gave the complainant a soft
drink. After consuming the drink, the complainant lost consciousness. Upon regaining
consciousness, the complainant realized that the alleged Nitin sexually assaulted her.
Thereafter, the alleged Nitin showed her obscene pictures and, on the pretext of these
pictures, continued blackmailing the complainant and sexually assaulted her several
times (almost 8-10 times) at different places on different dates, including Hotel Red
Coral (Lado Rani), 2nd Floor, Madhu Vihar, and Hotel Haveli Palace, Sector-3,
Vasundhra, Ghaziabad. The complainant also stated that she got pregnant due to the
assault. It is pertinent to mention here that the complainant did not mention any incident
where she was sexually assaulted by the alleged person within the jurisdictional area of
PS Patparganj Industrial Area. However, the first incident (dated 25.06.2023), where the
complainant was allegedly intoxicated and sexually assaulted by the alleged Nitin,
occurred in the jurisdictional area of Commissioner of Police, Ghaziabad. Therefore, the
said complaint was transferred to Commissioner of Police, Ghaziabad for necessary
action. It is also specifically mentioned that the complainant did not specify the
jurisdictional area of any police station in Ghaziabad where the alleged incident on
25.06.2023 occurred, thus, no Zero FIR could be registered. The complaints have been
transferred to the Commissioner of Police, Ghaziabad. It is further stated that the
complainant was informed that the complaints are being transferred to the
Commissioner of Police, Ghaziabad for further necessary action.
Prima facie, allegations reveals that the victim was taken by the accused
in the pretext of taking her to birthday party from the jurisdiction of PS PIA and she was
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taken to Ghaziabad and given sedatives due to which she became unconscious where
she was sexually assaulted. She further alleges that the accused has got her nude
photographs and videos in his phone. Field investigation is required to recover the nude
photos and videos from the phone.
In view of the above discussions, application u/s 156(3) Cr. P.C is
allowed. S.H.O concerned is directed to register FIR within 7 days and investigate the
case.
Accordingly, application u/s 156(3) Cr.P.C stands disposed of. Nothing
remains to be done. File be consigned to record room as per rules. The Ahlmad is
directed to tag the complaint u/s 200 Cr.P.C along with the final report, as and when it
is filed.
Copy of the order be sent to SHO concerned for intimation and
compliance.
The allegation in the present case are serious in nature. Further, it is
directed that the complainant be apprised about the status of the case every 15 days.
Copy of this order be given dasti.
(P. Bhargav Rao)
JMFC-05(East)/KKD Court
Delhi 30-04-2025
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