Adarsh Kumar Handa v. Government Of NCT Of Delhi And ORS

$~S-35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ LPA 852/2024 & CM APPL.49981/2024 ADARSH KUMAR HANDA .....Appellant Through:

Appellant-in-person.

versus GOVERNMENT OF NCT OF DELHI AND ORS .....Respondents Through:

Mr.Sanjay Kumar Pathak, Standing Counsel with Mr.Sunil Jha, Mr.Mayank Madhu and Mr.Mayank Arora, Advocates for R-1 and 3.

Mr.Anuj Chaturvedi, Advocate with Ms.Harshita Maheshwari, Advocate for DDA.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 30.08.2024 1.

Present letters patent appeal has been filed challenging the order dated 26th July, 2024 passed by the learned Single Judge of this Court in W.P. (Crl.) 2236/2024, whereby the writ petition filed by the Appellant, seeking registration of FIR against respondent No. 3-Ajay Kumar for offences under Sections 201/216/217 of the Bhartiya Nyaya Sanhita, 2023 (BNS) for filing an allegedly false counter-affidavit in W.P.(C) 4801/2018 and action against respondent No. 4-DDA under Sections 210/211 of the BNS for not filling a counter affidavit in W.P.(C) 4801/2018, was dismissed. 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 02/09/2024 at 12:22:13

2.

It is settled law that letters patent appeal is not maintainable against an order disposing of a criminal writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. (See: C.S.Agarwal Vs. State & Ors., 2011 SCC OnLine Del 3136 and Ram Kishan Fauji Vs. State of Haryana and Others, (2017) 2 SCC 533).

3.

Accordingly, the present appeal and application are dismissed as not maintainable.

ACTING CHIEF JUSTICE TUSHAR RAO GEDELA, J AUGUST 30, 2024 TS 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 02/09/2024 at 12:22:13