Pankaj Kumar Sharma & ANR. v. Ms. Xyz & ANR.

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 112/2025 & CRL.M.A. 9722-23/2025 PANKAJ KUMAR SHARMA & ANR.

.....Petitioners Through:

Mr. Mukesh Suman and Mr. Sachin Anand, Advs.

versus MS. XYZ & ANR.

.....Respondents Through:

Mr. Sanjeev Sabharwal, Adv. for the State.

Mr. Samart Singh, Adv. for R-1.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 01.04.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition under Section 438 read with Sections 442 and 528 of the BNSS seeks following prayers: - "(i) Call for records of Criminal Revision Petition bearing No 464/2024 titled .... Vs. Pankaj & Ors. allowed by Special Judge (NDPS -01) Central District, Tis Hazari.

(ii) Quash and set aside the order dated 27.01.2025 in Criminal Revision 464/ 2024 passed by Special Judge, (NDPS- 01), Central District, Tis Hazari Courts and restore the proceedings before Special Judge, (NDPS- 01), Central District, Tis Hazari Courts in Criminal Revision 464/ 2024.

(iii). Pass such other and further orders as this Hon'ble Court may deem fit and proper in interest of justice."

3.

Learned counsel appearing on behalf of petitioners states that the impugned order was passed without providing opportunity of hearing to the petitioners.

4.

Per contra, learned counsel appearing on behalf of the respondent No.1 submits that the notice was issued and none had appeared on behalf of the petitioners on the said day when the impugned order was passed. 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 04/04/2025 at 13:55:56

5.

Be that as it may, with the consent of the learned counsels for the parties, following directions are passed:- a) The impugned order dated 27.01.2025 is set aside and the matter is remanded back to the learned ASJ.

b) The parties shall appear before the concerned Court on 08.04.2025 at 02:15 PM.

c) Learned ASJ is requested to dispose of the petition within a period of two weeks from the date of hearing so fixed without giving adjournment to either of the parties.

6.

At this stage, learned counsel for respondent No. 1 further submits that the latter is residing in Hyderabad, and therefore, she may be allowed to appear through Video Conferencing Mode before the concerned Court. 7.

In these circumstances, respondent No. 1 is allowed to appear before the concerned Court through Video Conferencing Mode. 8.

The petition stands disposed of in the aforesaid terms. 9.

Copy of the order be sent to the concerned Court for necessary information and compliance.

AMIT SHARMA, J APRIL 01, 2025/NG 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 04/04/2025 at 13:55:56