Delhi High Court - Orders
Raj Kumar Daga vs State Nct Of Delhi & Anr on 11 July, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~44
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5245/2024
RAJ KUMAR DAGA .....Petitioner
Through: Mr. Aditya Goel, Advocate via video-
conferencing.
versus
STATE NCT OF DELHI & ANR. .....Respondents
Through: Mr. Manoj Pant, APP for the State
with SI Sonal Raj, P.S.: Model Town.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 11.07.2024 CRL.M.A. 20010/2024 Exemption allowed, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.
CRL.M.C. 5245/2024 & CRL.M.A. 20009/2024 (for stay) By way of the present petition, the petitioner seeks setting-aside of order dated 23.11.2022 made by the learned ASJ in Crl. Rev. No. 31/2022, whereby order dated 14.12.2021 made by the learned Magistrate declining to summon the petitioner in Ct. Case No. 2185/2021, has been reversed, without hearing the petitioner in the revisional proceedings.
2. Though the present petition has been filed under the provisions of the Code of Criminal Procedure 1973 ('Cr.P.C.'), in the opinion of this court, on a plain reading of section 531(2)(a) of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), proceedings are to be "... ...disposed of, continued, held or made... ..." in accordance with the Cr.P.C. only CRL.M.C. 5245/2024 Page 1 of 3 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 15/07/2024 at 23:08:14 in cases where such proceedings, viz."... ...any appeal, application, trial, inquiry or investigation... ...", was pending immediately before the date on which the BNSS came into force, i.e. 01.07.2024.
3. In the present case, since no petition seeking the relief sought in the present proceedings was pending as on 01.07.2024, in the opinion of this court, , the present petition ought to have been filed under the BNSS. Be that as it may, in order to obviate any unnecessary delay, the present petition is treated as one under section 528 of the BNSS.
4. It may be observed however, that any objection that may be taken in the above regard, is kept open to be decided subsequently.
5. Issue notice.
6. Mr. Manoj Pant, learned APP appears for the State on advance copy;
accepts notice; and seeks time to file status report.
7. Upon the petitioner taking requisite steps, let notice be sent to respondent No.2 by all permissible modes, returnable for the next date.
8. Let status report/reply be filed within 06 weeks; response/rejoinder, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.
9. Re-notify on 15th October 2024.
10. Mr. Aditya Goel, learned counsel appearing for the petitioner submits that the proceedings before the learned Magistrate are scheduled next on 15.07.2024.
11. In the prima-facie opinion of this court, once vide order dated 14.12.2021 the learned Magistrate had declined to issue summons to the petitioner, a valuable right had accrued in favour of the petitioner, which could not have been taken away by order dated 23.11.2022 made CRL.M.C. 5245/2024 Page 2 of 3 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 15/07/2024 at 23:08:14 by the learned ASJ without affording a right of hearing to the petitioner in the revisional proceedings.
12. In view of the above, further proceedings in Ct. Cases No. 2185/2021 titled Akhilesh Pratap Singh vs. Raj Kumar Daga pending before the learned Metropolitan Magistrate shall remain stayed, till the next date of hearing in this court.
ANUP JAIRAM BHAMBHANI, J JULY 11, 2024 ds CRL.M.C. 5245/2024 Page 3 of 3 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 15/07/2024 at 23:08:15