Suresh Gupta v. The State NCT Of Delhi
$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + TR.P.(CRL.) 64/2025, CRL. M.A. 24670-27671/2025 SURESH GUPTA .....Petitioner Through:
Mr.
Gajraj Singh, Ms.
Sakshi Sachdeva, Ms. Ritika and Ms. Ayushi Gupta, Advocates.
versus THE STATE NCT OF DELHI .....Respondent Through:
Mr. Mukesh Kumar, APP for State along with SI Hitesh Bhardwaj, PS Crime Branch.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 21.08.2025 1.
The present petition under Section 447 of Bharatiya Nagarik Suraksha Sanhita, 20231 read with Section 528 BNSS seeks the following reliefs: "In view of the facts and circumstances stated hereinabove, the Petitioners most humbly and respectfully pray that this Hon'ble Court may graciously be pleased to:
A. Pass necessary order thereby directing that following criminal case titled as STATE VS SURESH GUPTA & ANR.:
CR CASE NO. :7322/2023 FIR NO. 244/2022 U/S 272/273/308/420/5 l 1 TPC R/W 3(l)(ZZ)/59 of the food Safety and Standards Act, 2006 PS CRIME BRANCH DISTRICT : NORTH WEST NDOH 17/10/2025 (Trial pending in the Court of Ms.Vasundhra Chhaunkar, Ld. CJM, North West, Rohini Courts, Delhi for 17.10.2025 on point of charge.) 1 "BNSS"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Lodged against the petitioner herein namely Suresh Gupta must be tried along with the case titled as Food Safety Officer vs Suresh Gupta., bearing Ct. No. 3122/2023 pending in the Hon'ble Court of Sh. Pranav Joshi, Ld. ACJM, New-Delhi, Patiala House Courts, New Delhi for 17.11.2025 for miscellaneous appearance; and/or B. Pass any such other and further order/direction, which this Hon'ble court deem fit and proper in the facts and circumstances of the present case." 2.
The aforenoted two cases, one registered by the Delhi Police and the other one by the Food Safety Officer arise from the same raid conducted at the premises of the Petitioner, which resulted in recovery of approximately 28 tons of Faux Cumin Seeds. Pursuant to the said raid, FIR No. 244/2022 was registered at P.S. Crime Branch, North West District, at the instance of the State Police. In the said, FIR a chargesheet was filed for the offences under Sections 272, 273, 308, 420 and 511 of the Indian Penal Code, 18602 read with Section 3(l)(ZZ) and 59 of the Food Safety and Standards Act, 2006. Subsequently, on 12th September, 2023, the Food Safety Officer also instituted a complaint under Sections 3, 26, 59(i) and 63 of the Food Safety and Standards Act, 2006 against the Petitioner. 3.
Having regard to the fact that both proceedings emanate from the same incident, this Court is of the opinion that it would be appropriate that they be tried before the same Presiding Officer. It is noted that the complaint filed by the Food Safety Officer titled 'Food Safety Officer v Suresh Gupta', bearing Ct. No. 3122/2023 is pending before the Court of the ACJ, New Delhi, Patiala House Courts. It is further noted that the said Court is also competent to try the case titled 'State v Suresh Gupta', arising out of FIR No. 244/2022, bearing CR Case No. 7322/2023.
4.
Accordingly, the present Petition is allowed with the direction that The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
case titled 'State v Suresh Gupta', bearing CR. CASE No. 7322/2023, pending before the Court of CJM, North West, Rohini Courts, Delhi, shall be transferred to the Court of ACJ, New Delhi, Patiala House Courts. 5.
A copy of this order be sent to Principal District and Sessions Judges of the concerned district for necessary information and compliance. SANJEEV NARULA, J AUGUST 21, 2025/MK 2 "IPC"
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.