Delhi High Court - Orders
Surender Bhatt vs The State Of Nct Of Delhi on 28 May, 2025
Author: Amit Sharma
Bench: Amit Sharma
$~40
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3843/2025& CRL.M.A. 16830/2025
SURENDER BHATT .....Petitioner
Through: Mr. Neeraj Kumar Jain, Sr. Adv., Mr.
Vidyut Kayarkar and Mr. Sanjay
Singh, Advs.
versus
THE STATE OF NCT OF DELHI .....Respondent
Through: Mr. Tarang Srivastava, APP for the
State.
Insp./SHO Rajeev Ranjan, PS
Begampur.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 28.05.2025
1. This hearing has been done through hybrid mode. CRL.M.A. 16831/2025(exemption)
2. Allowed, subject to all just exceptions. This application is disposed of. CRL.M.C. 3843/2025& CRL.M.A. 16830/2025
3. The present petition under Section 528 of the BNSS seeks the following prayers: -
"i. Pass an order quashing orders dated 19.12.2024 & 04.11.2024 in Sessions Case no. 405 of 2021 passed by Ld. A.S.J.-03 (North West) Rohini Courts, Delhi; 32 ii. Pass an order quashing the chargesheet dated 09.08.2021 filed in FIR no. 52 of 2013 registered at P.S. Begumpur;
iii. Pass an order quashing FIR no. 52 of 2013 dated 15.02.2013 registered under Sections 3 & 4 of MCOC Act, 1999 at P.S. Begumpur; and 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 27/06/2025 at 22:37:39 iv. Pass such other orders as this Hon'ble Court may deem fit and proper."
4. Learned APP appearing on behalf of the State points out that previous petition bearing no. CRL.M.C. 1414/2025 with respect to the present petitioner was dismissed as withdrawn vide order dated 27.02.2025 with liberty to file a fresh petition challenging the order on charge. It is submitted that and an appeal has not been filed in terms of Section 18 of the MCOC Act hence, this petition is not maintainable.
5. Let a response/status report be filed including the challenge to the maintainability of the petition before the next date of hearing.
6. List on 17.07.2025.
AMIT SHARMA, J MAY 28, 2025/kr/pr Click here to check corrigendum, if any 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 27/06/2025 at 22:37:39