Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 6 SC 107/2026
STATE OF DELHI Vs. RADHEY SHYAM GUPTA
FIR NO. 16/2025
PS SOUTH AVENUE
U/S 3(1)(r) and 3(1)(s) SC/ST (POA) Act
and 351 (2) BNS
Page 1 of 5
12.05.2026
Present : Sh. Mukul Kumar, Ld. Addl. PP for the State.
Sh.Chandra Bhan, Ld. Counsel for the complainant-
Sh. Saurabh Kumar.
1. The present matter has been placed before this Court on filing
of charge-sheet submitted by ACP/IO Ms. Arti Sharma, ACP
Chanakyapuri, New Delhi in FIR No.16/2025, PS South
Avenue, registered for offences punishable under Section 3(1)
(r) of the SC/ST (Prevention of Atrocities) Act, 1989 and
Section 351(2) BNS.
2. I have carefully perused the charge-sheet, FIR, complaint,
statements of witnesses recorded during investigation, seizure
memos, caste verification reports, electronic evidence,
transcription of conversation and other documents filed along
with the report under Section 193 BNSS.
3. As per the prosecution case, complainant Saurabh Kumar
alleged that he belongs to Scheduled Caste community and was
engaged in contractual/work related activities in connection
with CPWD/Rashtrapati Bhawan works through his
proprietorship concern. It is alleged that disputes arose between
the complainant and accused persons regarding tender/work
arrangements and payments.
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SC 107/2026
STATE OF DELHI Vs. RADHEY SHYAM GUPTA
FIR NO. 16/2025
PS SOUTH AVENUE
U/S 3(1)(r) and 3(1)(s) SC/ST (POA) Act
and 351 (2) BNS
Page 2 of 5 | 12.05.2026
4. The complainant alleged that during the period from
01.11.2024 to 17.12.2024, the accused persons repeatedly
extended threats and intimidation to him and also humiliated
him by referring to his caste in public view. It has further been
alleged that the accused persons threatened the complainant
with cancellation of tenders and stoppage of his work and also
extended threats of dire consequences. The complaint further
discloses allegations regarding demand of money, intimidation
and humiliation.
5. The record further reveals that the FIR was registered on
31.12.2025 on the basis of written complaint submitted by the
complainant. During investigation, notices under Section 94
BNSS were issued to concerned authorities including
Tehsildar/SDM for verification of caste certificates relied upon
by the complainant and witnesses. The caste status of
complainant Saurabh Kumar was verified from the concerned
authority at District Auraiya, U.P. and reports to that effect
were obtained during investigation.
6. The Investigating Agency also collected various documents
relating to contracts/tenders/work orders pertaining to
Rashtrapati Bhawan/CPWD works, including documents
relating to Letter of Commencement of Work, permissions for
entry into Rashtrapati Bhawan premises and documents
pertaining to work agreements and MoUs.
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SC 107/2026
STATE OF DELHI Vs. RADHEY SHYAM GUPTA
FIR NO. 16/2025
PS SOUTH AVENUE
U/S 3(1)(r) and 3(1)(s) SC/ST (POA) Act
and 351 (2) BNS
Page 3 of 5 | 12.05.2026
7. The charge-sheet further reflects that electronic evidence in the
form of audio/video recordings and transcription thereof was
seized by the Investigating Officer vide seizure memos.
Statements of various witnesses including officials connected
with CPWD/Rashtrapati Bhawan and other persons acquainted
with the facts of the case were also recorded during
investigation.
8. The transcript of the conversation annexed with the charge-
sheet prima facie reflects threats, coercive language and
discussions concerning cancellation of tenders/work and
alleged monetary demands. The complaint and material
collected during investigation also prima facie disclose
allegations that the complainant was humiliated and
intimidated on account of his caste identity.
9. Ld. Counsel for the complainant has submitted that apart from
Section 3(1)(r) of the SC/ST (POA) Act, provisions of Section
3(1)(s) and Section 3(1)(za)(E) of the SC/ST (POA) Act are
also attracted in view of the allegations made in the complaint
and material collected during investigation. It has further been
argued that the allegations regarding caste-based humiliation
and intimidation are specifically borne out from the statements
and electronic evidence placed on record. It is also submitted
that charge-sheet has already been filed in respect of offence
punishable under Section 3(1)(s) of the SC/ST (POA) Act.
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SC 107/2026
STATE OF DELHI Vs. RADHEY SHYAM GUPTA
FIR NO. 16/2025
PS SOUTH AVENUE
U/S 3(1)(r) and 3(1)(s) SC/ST (POA) Act
and 351 (2) BNS
Page 4 of 5 | 12.05.2026
10. At the present stage, the Court is only required to
ascertain whether a prima facie case is made out for proceeding
against the accused persons. At the stage of taking cognizance
and issuance of process, detailed appreciation of evidence and
meticulous examination of the probative value of the material
on record is neither warranted nor permissible.
11.From the material placed on record including the complaint,
FIR, statements of witnesses, caste verification reports, seizure
memos, electronic evidence and accompanying documents, this
Court is satisfied that sufficient grounds exist for proceeding
further against the accused persons. The allegations, if taken at
their face value, prima facie disclose commission of offences
punishable under the provisions invoked in the charge-sheet.
12. So far as the submissions regarding applicability of
Section 3(1)(s) and Section 3(1)(za)(E) of the SC/ST (POA)
Act are concerned, the same shall be considered at the
appropriate stage of arguments on charge after hearing both
sides.
13. Accordingly, cognizance of the offences is taken.
14. Prima facie sufficient grounds exist to summon accused:
a) Radhey Shyam Gupta
b) Santosh Chawla
to face trial for offences punishable under Section 3(1)(r)
SC/ST (Prevention of Atrocities) Act, 1989 and...
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SC 107/2026
STATE OF DELHI Vs. RADHEY SHYAM GUPTA
FIR NO. 16/2025
PS SOUTH AVENUE
U/S 3(1)(r) and 3(1)(s) SC/ST (POA) Act
and 351 (2) BNS
Page 5 of 5 | 12.05.2026
...Section 351(2) BNS, along with such other allied provisions
as may be considered at the stage of charge.
15. Let accused persons namely Radhey Shyam Gupta and
Santosh Chawla be summoned to face trial in the present case.
16. Summons be issued through the IO/SHO concerned for
the next date of hearing.
17. Put up for appearance of accused persons and further
proceedings on 31.07.2026.
(SAURABH PARTAP SINGH LALER)
ASJ-05/New Delhi District
PHC / New Delhi / 12.05.2026
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