Aman Preet Baweja & ANR. v. State(NCT Of Delhi)

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 334/2025 AMAN PREET BAWEJA & ANR.

.....Petitioners Through:

Mr. Manoj Singh and Mr. Abhay Singh, Advocates (appeared through VC) versus STATE(NCT OF DELHI) .....Respondent Through:

Mr. Sanjeev Bhandari, ASC for the State with SI Lavi Tomar, Mr. Arjit Sharma and Mr. Nikunj Bindal, Advocates

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 30.01.2025 CRL.M.A. 2855/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 334/2025 3.

The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereafter „BNSS‟)/Section 482 of the Code of Criminal Procedure, 1973 (hereafter „Cr.P.C.‟) has been filed on behalf of the petitioner seeking the following prayer:

"A. May please to quash the charges Under Section 420/120B of Indian Penal Code-1860 qua Petitioners in Crl. Case No. 48720 of 2016 arising out of Case FIR No.71/2003, P.S. Special Cell(Delhi Police) Under Section 420/ 120B of Indian Penal Code,1860 and Section 4/20/25 of Indian Telegraph Act,1885, pending before Ld. 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 31/01/2025 at 12:35:00

Chief Judicial Magistrate, District: New Delhi, and or any other appropriate order/ directions as this Hon‟ble Court may deem fit and just in the given set of facts and circumstances of the case, and in the interest of justice; AND B. May please to direct the Learned Trial Court to conclude the trial in Crl. Case No. 48720 of 2016 arising out of Case FIR No.71/2003, P.S. Special Cell(Delhi Police) Under Section 420/ 120B of Indian Penal Code,1860 and Section 4/20/25 of Indian Telegraph Act,1885, pending before Ld. Chief Judicial Magistrate, District: New Delhi, within such period of time as this Hon‟ble Court may deem fit and just in the given set of facts and circumstances of the case, and in the interest of justice..." 4.

The learned counsel appearing for the petitioner states that at this stage, without prejudice to his rights, he is not pressing prayer „A‟ for quashing of the charges. As far as prayer „B‟ is concerned, this Court notes that FIR in this case pertains to the year 2002 and the chargesheet in this case was filed in the year 2004. The learned counsel for the petitioner also informs this Court that till date, only one witness has been examined and two witnesses have been partly examined.

5.

In view of the request and the fact that the present matter is pending before the learned Trial Court for more than 22 years, a further time of six months is given to the learned Trial Court for completion of trial. 6.

However, the learned Trial Court will ensure that no adjournments are granted in this case to either of the parties and the trial is concluded preferably within six months under intimation to this Court. 7.

In view of the above, the present petition stands disposed of. 8.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 30, 2025/ns 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 31/01/2025 at 12:35:00