Akbar Ali v. State (Govt. Of NCT) & ANR.

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4416/2025 AKBAR ALI .....Petitioner Through:

Mr. Gajendra Giri & Mr. Aditya Giri, Advs.

versus STATE (GOVT. OF NCT) & ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 08.07.2025 CRL.M.A. 19182/2025 (exemption) Exemption allowed, subject to all just exceptions. The application stands disposed -of.

CRL.M.C. 4416/2025 & CRL.M.A. 19183/2025 (stay) 1.

This is a petition under Section 528 BNSS, 2023 seeking directions to the Court to conduct preliminary inquiry in respect of an application under Section 340 Cr. P. C filed by the petitioner before the Ld. Trial Court. 2.

The Ld. Counsel states that the application under Section 340 Cr. P.C was filed by the petitioner way back in August 2023, but the same has not been disposed of despite the matter being listed 26 times since thereafter. It has been further submitted that the case has reached the stage of final arguments but the application is still not disposed of inasmuch as no preliminary inquiry has been conducted.

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 10/07/2025 at 15:58:04

3.

Having considered the submissions of Ld. Counsel for the petitioner, the petition is disposed of with the directions that the Ld. Trial Court while disposing of the case shall also decide the application under Section 340 Cr.P.C and for the purpose of the disposal of such application in case it deems appropriate may also conduct the preliminary inquiry. RAVINDER DUDEJA, J JULY 8, 2025/GS/NA 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 10/07/2025 at 15:58:04