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High Court of DelhiCRL.M.C./942/2025

Deepak Kumar v. Hc Ravinder Bhati

2025-02-12Hon'Ble Mr. Justice Anup Jairam Bhambhani3 pages

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 942/2025 DEEPAK KUMAR .....Petitioner Through:

Mr. Subhash with Mr. Rohit Shukla, Mr. Vivek Kr. Gaurav, Mr. Abhay Solanki, Mr. Shawez and Mr. Kartik, Advocates.

versus HC RAVINDER BHATI .....Respondent Through:

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 12.02.2025 CRL.M.A. 4372/2025 Exemption granted, subject to just exceptions. The application stands disposed of.

CRL.M.C. 942/2025 By way of the present petition filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks a direction to the learned Sessions Court to expedite the consideration and disposal of CRL.REV.P. No. 194/2023 titled HC Ravinder Bhati vs. The State, pending before the learned Additional Sessions Judge, Karkardooma Courts, Delhi.

2.

Learned counsel appearing for the petitioner submits, that vide order dated 25.04.2023 made on an application under section 156(3) of the Code of Criminal Procedure 1973 filed in Ct. Case No. 952/2022, the learned Magistrate had, after a detailed consideration of the allegations CRL.M.C. 942/2025 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

made in the application, directed the S.H.O., P.S.: Madhu Vihar, Delhi, to register an FIR in the case.

3.

Furthermore, considering the nature of the allegations and the fact that the allegations had been made against police officials, the learned Magistrate had also deemed it fit to order that the concerned DCP may consider that the investigation be conducted by an independent unit, to ensure that it is carried-out fairly, expeditiously, and impartially. 4.

Counsel however argues, that on a revision petition filed by one of the co-accused persons namely Chhote Lal Yadav, vide order dated 06.06.2023 made in CRL. REV. P. No.144/2023, by a cryptic and nonreasoned order, the learned Sessions Court has stayed the operation of order dated 25.04.2023 passed by the learned Magistrate, with the only caveat that if the FIR had already been registered, the stay would be deemed to be vacated.

5.

Counsel submits, that the matter has been pending before the learned Sessions Court ever since, despite lapse of about 11⁄2 years. 6.

It is noticed that the State has not been made a party-respondent in the present case.

7.

Be that as it may, after hearing learned counsel appearing for the petitioner at some length, this court is of the view that the present petition requires to be disposed-of at the stage of issuance of notice itself, with a direction to the learned Sessions Court seized of CRL.REV. P. No. 194/2023 (and any connected revision petitions filed by other co-accused persons) to dispose-of the said petition(s) expeditiously, and in any case within 02 months from today. 8.

Petition stands disposed-of in the above terms. CRL.M.C. 942/2025 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

Pending applications, if any, also stand disposed-of.

10. The Registry is directed to communicate a copy of this order to the learned Sessions Court forthwith.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 12, 2025 ds CRL.M.C. 942/2025 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.