Dr Vishal Sharma v. The State NCT Of Delhi And ANR

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7170/2025, CRL.M.A. 30143/2025 DR VISHAL SHARMA .....Petitioner Through:

Ms. Monica Nagi and Mr. Rajiv Sharma, Advs.

versus THE STATE NCT OF DELHI AND ANR .....Respondents Through:

Mr. Ajay Vikram Singh, APP.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 10.10.2025 CRL.M.A. 30144/2025 1.

Exemption Allowed, subject to all just exceptions. 2.

The Application stands disposed of.

CRL.M.C. 7170/2025, CRL.M.A. 30143/2025 3.

Petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner for quashing of FIR No.0042/2011 under Section 304A IPC, registered at PS: Vasant Kunj (South), Delhi and all consequential proceedings emanating therefrom. 4.

Learned APP for State appears on advance Notice and accepts Notice. 5.

Learned counsel for the Petitioner submits that present FIR No.0042/2011 was registered in the year 2011. The Petitioner was not charge-sheeted, but was summoned in the year 2012. Though the Charges have been framed only in July, 2025, he was not aggrieved by his Summoning Orders, but is now aggrieved by framing of Charge against him. 6.

Pertinently, the contention is that the Petitioner was not 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 15/10/2025 at 12:07:56

charge-sheeted, despite which he was summoned, his remedy was to challenge the Summoning Order.

7.

Now, when Charge has been framed, there is no merit in the present Petition, which is essentially to challenge the Summoning Order of the year 2012.

8.

Considering the delay, latches and not availing appropriate remedy to challenge the Summoning Order, present Petition along with pending Applications is disposed of, with liberty to the Petitioner to avail remedy, in accordance with law.

NEENA BANSAL KRISHNA, J.

OCTOBER 10, 2025/R 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 15/10/2025 at 12:07:56