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High Court of DelhiCRL.M.C./2856/2026

Indrajit Ranjan Sarker v. State Of NCT Of Delhi

2026-04-16Hon'Ble Mr. Justice Saurabh Banerjee2 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2856/2026, CRL.M.A. 11616/2026 & CRL.M.A. 11617/2026 INDRAJIT RANJAN SARKER .....Petitioner Through:

Mr.

Naresh Panwar and Mr.

Daniyal Khan, Advs.

versus STATE OF NCT OF DELHI .....Respondent Through:

Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advs.

SI- Sandeep, PS: Aman Vihar

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 16.04.2026 1.

At the outset, learned counsel for the petitioner submits that by virtue of the present petition under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks to restrict his claim to the following relief only:

"(i) Quash and set aside the order dated 9 February 2026 passed by the Learned Judicial Magistrate First Class-06, District North-West, Rohini Courts, New Delhi in Criminal Case No. 5823 of 2019 titled as State v. Ikbal initiated pursuant to FIR No. 875 of 2018 dated 5 September 2018 registered with Police Station Aman Vihar;"

2.

He seeks to, thus, give up the relief qua the order dated 07.02.2026 passed by the Learned Judicial Magistrate First Class-06, District North 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 20/04/2026 at 12:56:05

West, Rohini Courts, New Delhi therein.

3.

Issue notice.

4.

Learned APP for the State accepts notice.

5.

This Court finds that the impugned order dated 09.02.2026 under challenge reads as under:

"Only bailable warrants have been issued against the accused Inderjeet. Liberty of accused Inderjeet is not effected. Accordingly, present application stands disposed off as dismissed."

6.

Prima facie, thus, as evident therefrom the said application seeking cancellation of the bailable warrants of the petitioner has not been disposed of on merits. As such, the said impugned order dated 09.02.2026 is set aside and the present proceedings are remanded to the Learned Judicial Magistrate First Class-06, District North-West, Rohini Courts, New Delhi for adjudication on the said application afresh, on merits. 7.

Needless to say, the same shall be taken up and heard for disposal without either being influenced with the said impugned order dated 09.02.2026 or the present order, on its own merits. 8.

The present petition along with the pending applications is disposed of with the aforesaid directions.

9.

A copy of this order be sent to learned Principal District and Sessions Judge, North-West, Rohini Courts, New Delhi for information and compliance.

SAURABH BANERJEE, J APRIL 16, 2026/Ab 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 20/04/2026 at 12:56:05