Delhi High Court - Orders
Shri Vikash Tushir vs The State Nct Of Delhi on 17 February, 2026
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5262/2024
SHRI VIKASH TUSHIR .....Petitioner
Through: Mr. Shiv Charan Garg, Mr. Imran
Khan and Ms. Jahanvi Garg, Advs.
versus
THE STATE NCT OF DELHI .....Respondent
Through: Mr. Naresh Kumar Chahar, APP for
the State.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 17.02.2026
1. By way of the present petition, the petitioner seeks the following reliefs:
"(i) That the order dated 09.11.2023 passed by the Ld. Metropolitan Magistrate, Delhi, may be set aside.
(ii) Direction may be issued to Ld. Metropolitan Magistrate, Ms. Arjinder Kaur to consider the objection filed by petitioner and monitor over the investigation."
2. The complaint in this case was filed on 20.05.2022 and the FIR bearing No. 66/2019 was registered on 30.03.2019 at Police Station Civil Lines, Delhi for the commission of offence punishable under Sections 311/325/506/34 of the Indian Penal Code, 1860 (hereafter 'IPC'). However, the police, after investigation, had filed Untraced Report. The petitioner, who is the complaint/victim, had filed a protest petition before the learned Trial Court, challenging the grounds taken in the untraced report.
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 23/02/2026 at 20:32:59
3. The learned Trial Court, vide impugned order dated 09.11.2023 was pleased to accept the report filed by the Police and passed the following order:
"Submission of ld counsel for complainant heard. Untrace report and protest petition perused. This Court is of the considered opinion that the investigation carried out is satisfactory and untrace report in this case is quite justified. Thus, the untrace report is accepted.
File be sent to concerned PS after due compliance with the liberty to be revived as and when any clue is found."
4. This Court notes that though the petitioner herein had challenged the grounds taken in the untraced report filed by the Police, the learned Trial Court did not refer to any of the grounds or any submissions made by the learned counsel appearing for the complainant/victim. Any victim or litigant has a right to know as to why the order passed against him has been so passed. A non-speaking order also results in higher Courts, not having any understanding as to on what grounds the order was passed, dismissing the protest petition filed by any litigant.
5. Accordingly, the case is remanded back to the learned Trial Court for fresh adjudication on merits of the grounds taken in the protest petition, after affording an opportunity of hearing to both the parties. The learned Trial Court is requested to pass a speaking order.
6. With these directions, the present petition stands disposed of.
7. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J FEBRUARY 17, 2026/A/GJ 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 23/02/2026 at 20:32:59