Delhi High Court - Orders
Court On Its Own Motion vs State And Ors on 5 January, 2026
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 691/2024
COURT ON ITS OWN MOTION .....Petitioner
Through: Ms. Aasha Tiwari, Advocate/Amicus
Curiae with Mr. Puneet Narula, Adv.
versus
STATE AND ORS. .....Respondents
Through: Mrs. Anubha Bhardwaj, SPP for CBI
along with Ms. Anchal Kashyap and
Mr. Vijay Misra, Advocates.
Mr. Nitin Chaudhary and Mr.
Abhishek Singh, Advs. for R-2.
CORAM:
HON'BLE DR. JUSTICE SWARANA KANTA SHARMA
ORDER
% 05.01.2026
1. This Court notes that Mr. Nitin Chaudhary, Advocate had appeared on behalf of respondent no. 3 on 21.05.2024. The learned counsel appearing for the petitioner has not filed the service report on record qua respondent no. 3. No one was also present on behalf of respondent no.3, when the case was taken up. Now, respondent no.3 has chosen not to appear before this Court.
2. In these circumstances, this Court proceeds to hear the learned counsel for the remaining parties.
3. This Court, vide order dated 21.05.2024, had passed the following order:
"1. The matter has been received on transfer from Hon'ble Division Bench-1.
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 06/01/2026 at 20:32:54
2. This Court has perused the Judgment dated 09.05.2024, and in particular the following paragraphs:
"20. Keeping in view the above, this Court considers appropriate to exercise its suo moto revisional jurisdiction under Section 397 read with Section 401 Cr.P.C. and pass the following directions:-
a) The present public interest litigation be registered as a suo moto revision petition and listed according to the roster before a learned Single Judge on 21st May, 2024;
b) Ms. Aashaa Tiwari, Advocate, Mobile No.9810128673, is appointed as Amicus Curiae to assist the learned Single Judge. The learned counsel for the petitioner is given liberty to assist Ms. Aashaa Tiwari, Amicus Curiae.
Registry is directed to supply a complete set of writ paper book to learned Amiqus Curiae.
c) Issue notice to the respondent nos.3 & 4 as to why order dated OT' September, 2023 be not set aside. d) The Union of India is deleted from the array of the parties.
21. This Court clarifies that the observations made in the aforesaid order are prima facie in nature and the parties are at liberty to raise all their contentions and submissions before the learned Single Judge."
3. Division Bench of this Court, vide Judgment dated 09.05.2024, had deleted Union of India from the array of parties.
4. Let amended memo of parties be filed within two weeks from today.
5. This Court has heard arguments addressed on behalf of the CBI, as well as the original petitioner, who has been allowed to assist this Court, since now this case has been converted from a PIL to suo moto revision petition. Vide Judgment dated 09.05.2024, it was also recorded that the findings rendered suffer from manifest illegalities and had caused miscarriage of justice, in addition to the fact that the Court below has wrongly appreciated or refused to appreciate evidence."
4. This Court's attention has also been drawn to para 14 of the order dated 09.05.2024, wherein following directions were passed by the Division Bench of this Court:
"The prayer to frame guidelines for benefit of POCSO Special Courts by conducting cases involving CSAM of unidentified child/children is not called for in the present case as there are sufficient legal provisions to deal with it."
5. In view of the above order of the Division Bench, the prayer (c) made 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 06/01/2026 at 20:32:54 in the present petition, which in effect, seeks issuance a writ of mandamus directing respondent nos. 1 and 2 to develop state of the art digital forensic capabilities and resources to determine age of the unidentified child not physically present with reasonable accuracy, does not survive as the same already stands adjudicated.
6. Arguments have been concluded on behalf of the learned counsel appearing for both the parties.
7. Judgment is reserved.
8. The order be uploaded on the website forthwith.
DR. SWARANA KANTA SHARMA, J JANUARY 05, 2026/A 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 06/01/2026 at 20:32:54