Bilal v. State Of NCT Of Delhi & ANR.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7636/2025 & CRL.M.A. 31937-41/2025 BILAL .....Petitioner Through:

Mr. Deepak Prakash, Adv.

versus STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Ajay Vikram Singh, APP for State with SI Amit Kumar, PS. EOW.

Mr. Sanyam Khetarpal and Ms. Lisa Sankrit, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE VIKAS MAHAJAN

O R D E R

% 31.10.2025 1.

The present petition has been filed seeking following relief: "a. Declare that the direction contained in the impugned order dated 17.10.2025, passed by the Learned ASJ-03 (South), Saket Courts, New Delhi, directing the Economic Offences Wing, Delhi, to conduct a second preliminary inquiry even though the matter had already been inquired into and transferred to the EOW, Uttar Pradesh, is illegal, arbitrary, and contrary to law, as the concept of a "second or fresh preliminary inquiry" is unknown to criminal jurisprudence and in direct violation of the binding dictum of the Hon'ble Supreme Court in Lalita Kumari v. State of U.P.,(2014) 2 SCC 1; and b. Quash and set aside the impugned order dated 17.10.2025 passed by the Learned ASJ-03 (South), Saket Courts, New Delhi, in Crl. Rev. No. 227/2025 (Satish Kumar Jain v. State & Anr.) and Crl. Rev. No. 244/2025 (Shakti Singh & Ors. v. State & Anr.), as 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 06/11/2025 at 12:37:25

being illegal, arbitrary, perverse, and bad in law, having been passed without proper judicial application of mind and in disregard of settled principles governing successive investigations and territorial jurisdiction; and"

2.

At the outset, Mr. Ajay Vikram Singh, learned APP for the State informs the Court that pursuant to the order dated 13.05.2025 passed by the learned CJM, District South, Saket Courts Complex, New Delhi, the FIR has been registered vide FIR No.145/2025 under Sections 316(2)/316(5)/318(4)/336(3)/61(2), BNS registered at Police Station, EOW (Delhi).

3.

In view of the above development, Mr. Deepak Prakash, learned counsel for the petitioner, on instructions, seeks to withdraw the present petition with liberty to file afresh.

4.

Accordingly, the petition is dismissed as withdrawn with liberty as aforesaid.

VIKAS MAHAJAN, J OCTOBER 31, 2025/dss 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 06/11/2025 at 12:37:25