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High Court of DelhiCRL.M.C./186/2025

Abhilasha Chauhan v. Ankur Rajput

2025-01-22Hon'Ble Dr. Justice Swarana Kanta Sharma2 pages

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 186/2025 ABHILASHA CHAUHAN .....Petitioner Through:

Ms. Sumitra Choudhary, Mr. M.K.

Raghav Raman, Ms. Nitya Sharma, Ms. Jasmine Sheikh and Mr. Rohit Singh, Advocates versus ANKUR RAJPUT .....Respondent Through:

Nemo.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 22.01.2025 CRL.M.A. 1904/2025 (for early hearing) 1.

The instant application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter 'BNSS'), has been filed on behalf of the applicant, seeking early hearing of the present petition. 2.

This Court prepones the date of hearing, and proceeds to hear the present petition today since there is no need to issue notice to the other side. 3.

Accordingly, the present application stands disposed of. CRL.M.A. 1905/2025 (exemption) 4.

Allowed, subject to all just exceptions.

5.

Application stands disposed of.

CRL.M.C. 186/2025 6.

The present petition under Article 227 of the Constitution of India, 1950 read with Section 528 of BNSS has been filed on behalf of the 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 27/01/2025 at 11:58:01

petitioner, seeking following prayers:

"...(a) Issue a writ of certiorari or any other appropriate writ, order, or direction to the Ld. MM Court to urgently hear and decide the Execution Petitions bearing No.

Ex Criminal/21461/2024 and Ex Criminal/21471/2024 expeditiously in a time bound manner and redress the unnecessary delay in the administration of justice and the extreme financial hardships faced by the Petitioner...." 7.

The petition in this case has been filed for expeditious trial and disposal of the execution petition. Even the notice in this case has been issued to the respondent, the learned counsel for the petitioner states that it will suffice if a direction in this case be issued and the petition can be disposed of.

8.

Since the petitioner herein has a limited prayer for the issuance of the directions to the leaned Metropolitan Magistrate to dispose of the execution petition being Ex Criminal/21461/2024 and Ex Criminal/21471/2024, expeditiously in a time bound manner. In these circumstances, it is directed that learned Metropolitan Magistrate will ensure that the execution petitions be heard and disposed of expeditiously and are decided as per law within a period of three months from date. The Registry will ensure that the order is sent to the learned Trial Court within three working days. 9.

Accordingly, the present petition stands disposed of. 10.

The next date of hearing already fixed i.e. 19.03.2025 stands cancelled.

11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 22, 2025/zp Click here to check corrigendum, if any 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 27/01/2025 at 11:58:01