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High Court of DelhiW.P.(CRL)/3410/2025

Nitish Kumar v. State Of Gnct Of Delhi And ANR.

2025-10-16Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3410/2025, CRL.M.A. 31165/2025 NITISH KUMAR .....Petitioner Through:

Mr. Bibek tripathi, Mr. Sudhakar Tiwari, Mr.

Ajay Kumar and Mr. Manoj Kumar, Advs.

versus STATE OF GNCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for State.

Mr. Aditya Kapur, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 16.10.2025 CRL.M.A. 31018/2025 & 31019/2025 1.

Allowed, subject to all just exceptions.

2.

Applications are disposed of.

W.P.(CRL) 3410/2025, CRL.M.A. 31165/2025 3.

Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioner for quashing of FIR No.0021/2023 under Sections 420/406/120B IPC, registered at PS: Special Cell and all consequential proceedings emanating therefrom.

4.

Learned counsel for the Petitioner submits that the Petitioner has not been named in the FIR and the offence under Sections 420/406/120B IPC have been leveled against him, which is abuse of process of law and therefore, FIR be quashed against him.

5.

Learned ASC for the State and learned counsel for Respondent No.2 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 25/10/2025 at 12:22:21

appear on advance Notice and submits that the Petitioner never joined investigations and he was declare offender. The Chargesheet has already been filed against other co-accused persons, but as the Petitioner has not joined investigations, the same is yet to be undertaken. 6.

Considering the submissions made, Petitioner is at liberty to take appropriate remedy. In the facts and circumstances, no case is made out for quashing of the FIR.

7.

Accordingly, Writ Petition along with pending Applications is disposed of.

NEENA BANSAL KRISHNA, J.

OCTOBER 16, 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 25/10/2025 at 12:22:21