Pappu Pravin Jain v. Sho Ps Karol Bagh & ORS.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7486/2024 CRL.M.A. 28568/2024 CRL.M.A. 28569/2024 PAPPU PRAVIN JAIN .....Petitioner Through:

Mr. Ashesh Lal, Ms. Rachna Lal, Mr.

Raghav Parwatiyar Lal, Advocates.

versus SHO PS KAROL BAGH & ORS.

.....Respondents Through:

Mr. Amit Ahlawat, APP for State with SI Suraj Kumar, PS: Karol Bagh.

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 23.09.2024 1.

This petition has been filed under Section 528 of BNSS for quashing of notice under Section 35(3) BNSS dated 16th September, 2024 issued to the petitioner with respect to FIR 805/2024 under Sections 318(4)/316(2)/61(2)/3(5) BNS, PS Karol Bagh.

2.

Petitioner's contention is that a handwritten notice dated 16th September, 2024 was served upon the wife of the petitioner at the residence of Mumbai in his absence which is in violation of the directions passed by Division Bench of this Court in W.P.(C) No.7608/2017 titled as Amandeep Singh Johar V Government of NCT and Standing Order 109/2020 dated 14th May, 2009 of Delhi Police.

3.

At the outset, counsel for APP for State submits on instructions that proper notice complying with the Standing Orders has been sent by mail to the petitioner.

4.

Counsel for petitioner states on instructions that they have not received the same yet.

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 30/09/2024 at 12:51:17

5.

In any event, considering these submissions the impugned notice dated 16th September, 2024 shall be considered as invalid for the purposes of future proceedings.

6.

The residence address of the petitioner as per the affidavit is House no. 22, Building Bishram Bhawan, Kolbhat Street, Chira Bazar, Mumbai -400002.

7.

Petition is disposed of with the above directions. 8.

Order be uploaded on the website of this Court. ANISH DAYAL, J SEPTEMBER 23, 2024/RK 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 30/09/2024 at 12:51:17