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High Court of DelhiCRL.M.C./3891/2025

Shri Amarkant Gupta v. Shri Pramod Tyagi

2025-10-31Hon'Ble Mr. Justice Amit Mahajan3 pages

$~21 to 25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3408/2025 & CRL.M.A. 15044/2025 SHRI AMARKANT GUPTA .....Petitioner Through:

Mr. Yogesh Sharma and Ms. Pratima Rani, Advs.

versus SHRI PRAMOD TYAGI .....Respondent Through:

Mr.

Siddharth Handa, Adv.

+ CRL.M.C. 3409/2025 & CRL.M.A. 15045/2025 SHRI AMARKANT GUPTA .....Petitioner Through:

Mr. Yogesh Sharma and Ms. Pratima Rani, Advs.

versus SHRI PRAMOD TYAGI .....Respondent Through:

Mr.

Siddharth Handa, Adv.

+ CRL.M.C. 3444/2025 & CRL.M.A. 15191/2025 SHRI AMARKANT GUPTA .....Petitioner Through:

Mr. Yogesh Sharma and Ms. Pratima Rani, Advs.

versus SHRI PRAMOD TYAGI .....Respondent Through:

Mr.

Siddharth Handa, Adv.

+ CRL.M.C. 3479/2025 & CRL.M.A. 15344/2025 SHRI AMARKANT GUPTA .....Petitioner Through:

Mr. Yogesh Sharma and Ms. Pratima Rani, Advs.

versus SHRI PRAMOD TYAGI .....Respondent Through:

Mr.

Siddharth Handa, Adv.

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

+ CRL.M.C. 3891/2025 & CRL.M.A. 16979/2025 SHRI AMARKANT GUPTA .....Petitioner Through:

Mr. Yogesh Sharma and Ms. Pratima Rani, Advs.

versus SHRI PRAMOD TYAGI .....Respondent Through:

Mr.

Siddharth Handa, Adv.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 31.10.2025 1.

By the present petitions, the petitioner seeks restoration of the CT cases nos. 803/2018, 286/2019, 4280/2018, 1889/2018 and 1198/2018 to their original position, which were dismissed for non-prosecution by the learned Metropolitan Magistrate by orders dated 30.04.2022.

2.

Undisputedly, the impugned orders passed by the learned Metropolitan Magistrate dismissing the complaint are appealable before the learned Court of Sessions in terms of the proviso to Section 372 of the Code of Criminal Procedure, 1973. 3.

In view of the above, the present petitions are disposed of with direction that the same be numbered as appeals and transferred to the learned Court of Sessions. 4.

The Registry is directed to transfer entire record of the cases to the concerned appellate Court of Sessions. 5.

The learned counsel for the respondent submits that the appeals, in such circumstances, would have to be dismissed on the ground of delay having been filed after more than three years of the passing of the impugned orders.

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

6.

It is made clear that this Court has not examined the said aspect and the same would be looked into by the learned Appellate Court.

7.

List before the concerned Appellate Court on 17.11.2025. 8.

The parties are directed to appear before the concerned Appellate Court on 17.11.2025.

9.

The present petitions are disposed of with the aforesaid observations.

10.

The order be communicated to the concerned Principal District & Sessions Judge for compliance and listing before the concerned Appellate Court on 17.11.2025.

11.

A copy of this order be placed in all the matters. AMIT MAHAJAN, J OCTOBER 31, 2025 'KDK'

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