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High Court of DelhiCRL.M.C./2482/2025

Js Bhatia@Jappreet Singh Bhatia v. State NCT Ofdelhi & ANR.

2025-04-09Hon'Ble Mr. Justice Amit Sharma3 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2482/2025 JS BHATIA@JAPPREET SINGH BHATIA .....Petitioner Through:

Mr. Raushan, Adv. along with the petitioner in person.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Laksh Khana, APP for the State with SI Rohit, PS Rajouri Garden.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 09.04.2025 1.

This hearing has been done through hybrid mode. CRL.M.A. 11101/2025( Exemption) 2.

Allowed, subject to all just exceptions. The application is disposed of. CRL.M.C. 2482/2025 3.

The present petition under Section 528 of the BNSS read with Article 227 of the Constitution of India seeks the following prayer: "(a).

set aside the judgment / order dated 19.03.2025 of the Said Cr. Rev. No. 501/2024, passed by Ld. ASJ-09, West, THC, Delhi and also grant Interim stay on Trial Court Order dated 05.09.2024 passed by the Court OfLd. JMFC (Mahila Court) - 02, West,Tis hazari Courts, New Delhi in the Cr. Case No.7423/17 pertaining to FIR No.943/15 under Section 323/341/354(B)/509/506/34 of IPC, P.S. Rajouri Garden.

(b). to direct the IO to produce all those emails of particular date as per their report dated 26.7.2024;

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

(c). pass any other or further order (s) as this court may deem fit and proper in favour of Petitioners, in the interest of justice."

4.

Learned counsel appearing on behalf of the petitioner draws attention of this Court to order dated 10th April, 2024 passed by the learned ASJ-09, West, THC, Delhi in an earlier revision petition filed on behalf of the petitioner wherein it has been recorded as under: "Revision petition is filed U/s 397 Cr.P.C. against order dated 05.01.2024 passed by Ld. MM-02, Mahila Court,West, Tis Hazari Court in case titled as "State Vs. SandeepBhatia & Ors." wherein application of revisionist filed U/s 207Cr. PC. was dismissed.

Inspector Aditya Malik has filed a reply of application of revisionist J.S. Bhatia for providing certain documents. Same is taken on record.

Heard.

Aggrieved from the impugned order, revisionist has filed the present petition on the ground that Ld. Trial Court overlooked the facts of the case and failed to realize that the very purpose of moving the application was to get all relied and unrelied documents, statements, emails, etc, which are necessary for fair disposal of case.

During the pendency of the revision petition, investigating agency was directed to file a detailed reply in respect of the documents sought by revisionist.

Inspector Aditya Malik has filed the reply in respect of the documents sought by the revisionist. IO has submitted that he has written to the office of DCP West, ACP and SHO Rajouri Garden seeking emails, if any, available in inbox of official email accounts.

Ld. Counsel for the revisionist submits that in view of the reply of the Inspector Aditya Malik, he does not wish to press the revision petition and the same may be disposed of. In view of the submissions made, revision petition stands disposed of with direction to IO/Inspector Aditya Malik to file The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the emails retrieved, if any, with the Ld.Trial Court and to supply the copy of the same to the revisionist. TCR be sent back along with copy of this order. File be consigned to Record Room."

5.

It is submitted that despite the directions given in the aforesaid order, the same has not yet been complied with.

6.

Learned APP on behalf of the State on instructions of the Investigating Officer submits that the Emails retrieved by the IO/Inspector Aditya Malik shall be placed before the learned Trial Court within a period of two months. 7.

In view of the above, learned counsel appearing on behalf of the petitioner, seeks leave to withdraw the present petition. 8.

Leave granted.

9.

The present petition is dismissed as withdrawn and disposed of accordingly.

10.

Order be communicated to the concerned Trial Court for necessary information and compliance.

AMIT SHARMA, J APRIL 9, 2025/gs 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.