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Documents citing Nishu Wadhwa vs Siddharth Wadhwa & Anr on 10 January, 2017

Smt. Anju Arora vs State on 5 February, 2021

11. Further, Hon'ble Delhi High Court in Nishu Wadhwa vs Siddharth Wadhwa & Anr on 10 January, 2017 observed at para 13:­ "13. The issue that since the accused has not been summoned as an accused and has no right to file a revision petition is alien, while deciding an application under Section 156(3) Cr.P.C. The said issue crops up when the Magistrate entertains the complaint and on taking cognizance proceeds as a complaint case. In case directions are issued for registration of FIR immediately, on registration of FIR, the person against whom allegations are made in the FIR attains the status of an accused. His rights in so far as the Police can summon him for investigation, arrest him without warrants for allegations of cognizable offences are duly affected.
Delhi District Court Cites 18 - Cited by 0 - Full Document

Shri Zaffaryab Hussain vs Shri Jazar Ali on 10 February, 2021

13. Coming to the judicial precedent of Nishu Wadhwa (supra) relied upon by counsel for revisionist, the issue examined by the Hon'ble Delhi High Court was as to whether an order passed by a magistrate under Section 156(3) CrPC is an interlocutory order and hence not amenable to revisional jurisdiction of the Court of Sessions. To that extent, there cannot be any dispute going by the test laid down by the Hon'ble Supreme Court in the above cited judicial precedents. But as mentioned above, the present situation deals with dismissal of an application for permission to lead secondary evidence. It is settled legal position that there is no requirement in law to file an application for permission to lead secondary evidence, as what the party concerned is required to do is to adduce evidence laying foundations for the necessity to lead secondary evidence and then lead the evidence further.
Delhi District Court Cites 17 - Cited by 0 - Full Document

Punkaj Jain (Since Deceased) vs Amazon India Pvt Ltd on 16 February, 2021

13. Further, Hon'ble Delhi High Court in Nishu Wadhwa vs Siddharth Wadhwa & Anr on 10 January, 2017 observed at para Crl Rev. No.637/2018 Punkaj Jain Vs Amazon India Pvt Ltd Page No. 7 of 11 Digitally signed by ANUJ ANUJ AGRAWAL AGRAWAL Date: 2021.02.16 14:51:03 +0530 13:­ "13. The issue that since the accused has not been summoned as an accused and has no right to file a revision petition is alien, while deciding an application under Section 156(3) Cr.P.C. The said issue crops up when the Magistrate entertains the complaint and on taking cognizance proceeds as a complaint case. In case directions are issued for registration of FIR immediately, on registration of FIR, the person against whom allegations are made in the FIR attains the status of an accused. His rights in so far as the Police can summon him for investigation, arrest him without warrants for allegations of cognizable offences are duly affected. In a situation where the fundamental right of freedom and liberty of a person is affected, it cannot be held that he has no right to be heard at that stage. Thus to hold that since directions only have been issued under Section 156(3) Cr.P.C. and no cognizance has been taken thus no revision would lie would be an erroneous reading of the decisions of the Supreme Court. Therefore, an order dismissing or allowing an application under Section 156 (3) Cr.P.C. is not an interlocutory order and a revision petition against the same is maintainable."
Delhi District Court Cites 16 - Cited by 0 - Full Document

R K Jalan vs State on 20 March, 2021

16. The issue is no more res integra in view of judgment of Hon'ble Delhi High Court in Nishu Wadhwa vs Siddharth Wadhwa & Anr on 10 January, 2017 , wherein it has been observed as under :­ "13. The issue that since the accused has not been summoned as an accused and has no right to file a revision petition is alien, while deciding an application under Section 156(3) Cr.P.C. The said issue crops up when the Magistrate entertains the complaint and on taking cognizance proceeds as a complaint case. In case directions are issued for registration of FIR immediately, on registration of FIR, the person against whom allegations are made in the FIR attains the status of an accused.
Delhi District Court Cites 23 - Cited by 0 - Full Document
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