Delhi High Court - Orders
Govind Sarda vs State & Ors on 13 January, 2026
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 734/2018
GOVIND SARDA .....Petitioner
Through: Mr. Vikas Pahwa, Sr. Advocate
alognwith Ms. Sadapurna Mukharji
and Mr. Vivek Gautam, Advocates.
versus
STATE & ORS. .....Respondents
Through: Ms. Shubhi Gupta, APP for the State.
SI Sanjay Kumar, PS Hauz Khas.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 13.01.2026 CRL.M.A. 1030/2026 (exemption) CRL.M.A. 1031/2026 (exemption) Exemptions granted, subject to just exceptions. Let requisite compliances be made within 01 week. The applications stand disposed of.
CRL.M.A. 1029/2026By way of the present application filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.') the applicant/petitioner seeks a direction to the learned trial court not to proceed with the matter titled 'State vs. Govind Sarda' arising out of case FIR No. 364/2001 dated 07.05.2001 filed under sections 419/420/465/469/471/606/120-B Indian Penal Code, 1860 ('IPC') at P.S.: Hauz Khas, South Delhi pending before that court.
CRL.M.C. 734/2018 Page 1 of 4This 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 30/01/2026 at 20:33:54
2. Mr. Vikas Pahwa, learned senior counsel appearing for the petitioner submits, that charges in the matter were framed vide order dated 31.03.2023 by the learned trial court, which order was however stayed vide order dated 14.06.2023 passed in the present proceedings. Relevant extract of order dated 14.06.2023 passed by the Predecessor Bench reads as follows :
"5. Subject to the above, the orders dated 31.03.2023 and 01.06.2023 passed by the learned MM Court, Saket are stayed till the next date of hearing."
3. Mr. Pahwa submits, that order dated 14.06.2023 was passed in an application bearing CRL. M.A. 16487/2023, which application had challenged the order dated 31.03.2023 framing charges, as well as order dated 01.06.2023 issuing non-bailable warrants against the petitioner; and that therefore, vide order dated 14.06.2023 this court had also stayed order dated 31.03.2023 framing charges.
4. Furthermore, it is pointed-out that the stay granted vide order dated 14.06.2023 was also subsequently continued vide order dated 06.12.2024.
5. Mr. Pahwa submits, however that as recorded in para 4 of order dated 06.12.2024, on that date, learned counsel appearing for the petitioner represented to this court that "there is no stay insofar as the impugned order of summoning is concerned".
6. It is submitted, that this statement which related to the summoning order has been misconstrued by the learned trial court to mean that proceedings before it can continue, which is not the case, since clearly CRL.M.C. 734/2018 Page 2 of 4 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 30/01/2026 at 20:33:54 there was a stay operating against the order framing charge, by virtue of orders dated 14.06.2023 and 06.12.2024.
7. Issue notice.
8. Ms. Shubhi Gupta, learned APP appears for the State (respondent No.1) on advance copy; accepts notice; and submits, that a perusal of order dated 14.06.2023 would show that reference in that order to order dated 31.03.2023 was only in the context of order dated 01.06.2023 issuing non-bailable warrants against the petitioner; and that the entire discussion in order dated 14.06.2023 was primarily in relation to the non-bailable warrants that had been issued against the petitioner and not to the order framing charges.
9. Quite apart from the text of order dated 14.06.2023, as continued by order dated 06.12.2024, this court is of the view that since this petition itself has been pending since 2018 and pertains to an incident of 1996, that lead to the registration of FIR in 2001, and to issuance of summoning order in 2017, the matter requires to be considered and disposed-of expeditiously.
10. Re-notify for hearing on 24th February 2026, the date already fixed in the matter at 03:00p.m
11. The Registry is directed to send court notice to private-respondents Nos. 2 and 3 alongwith a copy of this order.
12. In view of the above, it is observed that further proceedings before the learned trial court arising-out of the subject FIR shall remain stayed, till the next date of hearing before this court.
13. In the meantime, counsel for the parties are directed to file brief synopses of their respective submissions, alongwith a list of judicial CRL.M.C. 734/2018 Page 3 of 4 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 30/01/2026 at 20:33:54 precedents they seek to rely upon before the next date, not exceeding 05 pages; with copies to the opposing counsel.
ANUP JAIRAM BHAMBHANI, J JANUARY 13, 2026/V.Rawat CRL.M.C. 734/2018 Page 4 of 4 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 30/01/2026 at 20:33:54