Delhi High Court - Orders
Siddharth Sharma vs The State Of Nct Of Delhi And Anr on 30 March, 2026
$~76
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2191/2026
SIDDHARTH SHARMA .....Petitioner
Through: Mr. Giriraj Subramanium, Ms. Reaa
Mehta, Mr. Aditya Sarma and Ms.
Aaadhyaa Khanna, Advocates.
versus
THE STATE OF NCT OF DELHI AND ANR .....Respondents
Through: Mr. Manoj Panth, APP for the State
with Inspector Shikhar Chaudhary,
PS-EOW.
Mr. Vikas Pahwa, Sr. Adv. with
Mr. Gurpreet Singh, Mr. Saud
Khan, Mr. Jasmeet Singh and Mr.
Sohraab Singh, Mr. Pulkit Shree,
Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 30.03.2026 CRL.M.A. 9736/2026 (Seeking stay of the impugned F.I.R. dated 19.12.2025)
1. By virtue of the present application, the petitioner seeks stay of the investigation arising out of the impugned FIR No.181/2025 dated 19.12.2025, registered at PS.: EOW, New Delhi, under Sections 420/406 of the Indian Penal Code, 1860.
2. Interestingly, the petitioner has prayed for similar relief, i.e., prayer
(b) in the main petition on which notice has already been issued, the petitioner has now chosen to file the present application and that too, 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 01/04/2026 at 21:25:57 whence this Court vide order dated 24.03.2026 has granted a period of two weeks to the learned counsel for petitioner to file his vakalatnama alongwith the duly apostilled affidavit therein, which is yet to be filed. This fresh application has been filed within the aforesaid period itself of two weeks.
3. Issue notice. Learned APP for the State as also learned senior counsel for the respondent no.2/ complainant accepts notice.
4. Learned APP for the State, at the outset, submits that the petitioner herein was served with an earlier notice on 02.12.2025 for appearing on 04.12.2025 to which there was no response from the petitioner himself, however, the same was replied by his counsel on 04.12.2025, wherein it was categorically stated that "... ... my client is (an) employed and working and resident of the United States of America. And as such, my client is not scheduled to travel back to India until summer, 2026. In light of the same, you are requested to email me and my client any questions you may have.". In effect, the petitioner had expressed his inability to join the investigation then, and, in fact did not appear at all.
5. Subsequently, as per the learned APP another fresh notice was issued to the petitioner on 05.12.2025 for appearing on 11.12.2025. Once again, there was no response from the petitioner and what was received was a response on his behalf from his counsel, on the very same day, when he was called to join investigation stating that "... ... my client also reserves his right to file a detailed reply upon perusal of a copy of the subject underlying complaint... ...". As such, this time also there was no appearance by the petitioner.
6. Learned APP submits that in view of the non-appearance, another 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 01/04/2026 at 21:25:57 notice dated 26.02.2026 for appearing before the investigating authority was issued, once again the petitioner kept quiet and as usual it was responded belatedly by his counsel on 05.03.2026 on the same lines. Thus, as before the petitioner chose not to appear again.
7. Learned senior counsel for the respondent no.2/ complainant, has handed over a copy of the Agreement to Sell dated 04.05.2009 (ATS) inter se the respondent no.2 (proposed vendee therein) and the petitioner (proposed vendor therein), which is taken on record. Relying thereon, he submits that the petitioner herein has received "... ...advance sums of Rs.4,55,60,000/- (Rupees Four Crores Fifty Five Lakhs Sixty Thousand Only)... ..." for purchasing the subject land, as also that it is acknowledged therein that out of the said amount, a sum of Rs.4,06,87,540/- (Rupees Four Crores Six Lakhs Eighty Seven Thousand Five Hundred and Forty Only) was received by the petitioner and that it was further agreed that the petitioner will receive a further sum of Rs.4,00,00,000/- (Rupees Four Crores only) for obtaining necessary permission from the State Government of Himachal Pradesh.
8. The facts reveal that the petitioner has not joined and/ or participated in the investigation despite issuance of repeated notice(s), and which have merely been responded by his counsel. It is also an admitted position that he has not taken any steps against the respondent no.2 in accordance with law. More so, the investigation is at the preliminary stage.
9. In view of the foregoing, and considering the long history involved, this Court is of the prima facie opinion that there is no reason for granting any stay qua the pending investigation as prayed for.
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 01/04/2026 at 21:25:57 CRL.M.C. 2191/2026 and CRL.M.A. 9737/2026 (Seeking further time/ exemption from filing apostilled affidavit)
10. Learned counsel for the petitioner once again seeks, and is granted, as a last opportunity, a period of two weeks for filing vakalatnama along with the apostilled affidavit
11. Renotify on 20.08.2026.
SAURABH BANERJEE, J MARCH 30, 2026/bh 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 01/04/2026 at 21:25:57