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Delhi High Court - Orders

Devendra Kumar vs The State Gnct Of Delhi & Anr on 16 October, 2025

Author: Neena Bansal Krishna

Bench: Neena Bansal Krishna

                          $~83
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         W.P.(CRL) 3416/2025, CRL.M.A. 31066-31067/2025
                                    DEVENDRA KUMAR                                                      .....Petitioner
                                                Through:                              Mr. S. C. Sagar, Mr. Naeem Ahmed
                                                                                      and Mr. Shishu Pal Sharma, Advs.
                                                                  versus
                                    THE STATE GNCT OF DELHI & ANR.             .....Respondents
                                                  Through: Mr. Sanjeev Bhandari, ASC with
                                                             Mr. Arjit Sharma and Ms. Sakshi Jha,
                                                             Advocates and ACP Surender Singh
                                                             Rathi and SI Dinesh, PS: Nand Nagri.
                                                             Mr. C. M. Grover and Mr. Kashish
                                                             Dhawan, Advocates for R-2.
                                    CORAM:
                                    HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                  ORDER

% 16.10.2025

1. Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagrik Suraksha Sanhita, 2023 ("BNSS") has been filed on behalf of the Petitioner for quashing of FIR No.0508/2025 under Sections 186/341/342 IPC, registered at PS: Nand Nagri; set aside impugned Orders dated 28.05.2025, 14.07.2025 and 03.09.2025 passed by the Ld. ASJ (FTC), Shahdara, Karkardooma Courts, Delhi CRL. REV.35/2025; and direct Respondent No.1 to keep the investigation in abeyance till the prior sanction under Section 140 DP Act and Section 197 Cr.P.C. is obtained, in accordance with law.

2. Learned ASC for State and learned counsel for Respondent No.2 appear on advance Notice.

3. Learned counsel for the Petitioner submits that he may confine his 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 18/10/2025 at 00:16:28 prayer to only obtaining sanction under Section 140 DP Act and Section 197 Cr.P.C.

4. Learned ASC for State, on instructions, submits that investigations would be carried only after sanction under Section 140 DP Act is taken, in accordance with law.

5. Considering the submissions made, Respondent No.1 is directed to consider the grant of sanction under Section 140 DP Act, in accordance with law and thereafter investigate present FIR, in accordance with law.

6. With these observations, Writ Petition along with pending Application is disposed of.

NEENA BANSAL KRISHNA, J.

OCTOBER 16, 2025/R 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 18/10/2025 at 00:16:28