Surender Singh & ANR. v. State Of NCT Of Delhi

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3083/2025 & CRL.M.A. 13653/2025 - STAY OF PROCEEDINGS BEFORE LD. TRIAL COURT SURENDER SINGH & ANR.

.....Petitioner Through:

Mr.

Baldev Raj, Mr.

Aakash Goswami, Ms. Shikha Tyagi, Mr.

Sumeet Sandeep Tyagi, Advs.

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

Ms. Priyanka Dalal, APP with SI Sumit.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 02.12.2025 CRL.M.C. 3083/2025 1.

This is a petition under Section 482 Cr.P.C./528 BNSS seeking to set aside the orders dated 14.03.2024 & 03.04.2025 and for grant of permission to the petitioner to summon PW-2 Ashok Kumar Tyagi for remaining crossexamination. 2.

Mr. Baldev Raj, Ld. Counsel who appears for the petitioner submits that no application was filed under Section 311 Cr.P.C. before the Trial Court and therefore, seeks permission to withdraw the present petition with liberty to file the application under Section 311 Cr.P.C. before the Trial Court for further cross-examination of PW-2.

3.

The statement made by the Ld. Counsel is taken on record and 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 04/12/2025 at 11:16:13

petition along with pending application, if any, is dismissed as withdrawn with liberty as prayed for.

4.

It is clarified that no orders has been passed on merits of the petition and in case such an application is filed, the Trial Court shall decide the application on its own merits.

RAVINDER DUDEJA, J DECEMBER 2, 2025/lks/ma 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 04/12/2025 at 11:16:13