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High Court of DelhiW.P.(CRL)/1043/2025

Tassi v. State Of NCT Delhi & ANR.

2025-04-02Hon'Ble Mr. Justice Amit Sharma2 pages

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1043/2025 TASSI .....Petitioner Through:

Appearance not given.

versus STATE OF NCT DELHI & ANR.

.....Respondents Through:

Mr. Yasir Rauf Ansari, ASC(Crl.) for the State and Mr. Alok Sharma, Adv.

SI Rahul Dhull, D-3480 and SI Parvin, PS Nihal Vihar.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 02.04.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 9947/2025(exemption) 2.

Allowed, subject to all just exceptions. This application is disposed of. W.P.(CRL) 1043/2025 3.

The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks the following prayers:- "a. Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order, Direction as may be deemed appropriate by this Hon'ble Court, directing the respondents herein to do fair and proper investigation in FIR No. 162/2025 dated 12.02.2025 registered at PS Nihal Vihar West Delhi under section 137 (2) BNS 2023.

b. Issue a Writ in the nature of Mandamus or any other appropriate Writ, Order, Direction as may be deemed appropriate by this Hon 'ble Court, directing the respondent no. 2 to investigate the case himself or get it investigated by his sub ordinates under his supervision.

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 02/07/2025 at 00:30:34

c. Pass any such further order(s)/direction(s) as this Hon'ble Court may deem fit and proper in the interest of justice." 4.

It is pointed out that an application under Section 175(3) of the BNSS is pending before the concerned learned Metropolitan Magistrate. Learned counsel seeks leave to withdraw the present petition with a prayer for the speedy disposal of the said protest petition. 5.

Leave granted.

6.

Learned Metropolitan Magistrate is requested to dispose of the application under Section 175(3) of the BNSS filed on behalf of the present petitioner as expeditiously as possible within a period of 3 weeks from today. 7.

In view of the above, the present petition is dismissed as withdrawn and disposed of.

8.

Pending application(s), if any, are also disposed of. 9.

Copy of the order be communicated to the concerned learned Trial Court for necessary information and compliance. AMIT SHARMA, J APRIL 2, 2025/kr/sc 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 02/07/2025 at 00:30:34