Shahnawaz v. State Govt. Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ SHAHNAWAZ .....Petitioner Through:

Mr. Dinesh Kumar, Mr. Sanchit Srivastava, Advocates.

versus STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondent Through:

Ms. Manjeet Arya, APP.

CORAM:

HON'BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 25.03.2026 1.

This petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed by a resident of Trilokpuri. At the instance of the petitioner, 10 FIRs have been registered against several accused. 17 accused have been arrayed as parties to the present petition, who are accused in one or more of the aforesaid 10 FIRs. 2.

By an order dated 17.12.2025, the petitioner was permitted to amend the petition. The prayers in the amended petition are as follows: "(A) direct R/1 (In the peculiar circumstances of the case as narrated at paras 1-10 above), to arrest respdts /accused 2 to 18 (Memo of parties), in exercise of the inherent powers vested in it u/s 482 CRPC/528 BNSS, (also by cancelling bail of accused Nos. 2-71 9-12, 15-18 in FIRs mentioned against each, who have obtained bail some how in one or the other way, in collusion with the police officials, vide page 98-99, 87, 84-85).

(B) Direct the concerned DCP (East) to slap MACOCA /similar antiterror laws AND to hold externment proceedings against the Respdts/accused No.2 to 18 who are involved in repeating commission The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

of offences, in conspiracy with each other, in one or the other way by splitting group or through their proxies, on the public to glorify their terror."

3.

As far as prayer 'A' is concerned, Mr. Dinesh Kumar, learned counsel for the petitioner, states that the petitioner seeks cancellation of bail granted to the accused in each of the criminal proceedings. The petitioner approached the Sessions Court for cancellation of bail in one case, arising out of FIR No. 181/2022 dated 04.02.2022, registered under Sections 436/452/427/149 of the Indian Penal Code, 1860, at Police Station Mayur Vihar Phase-I, District East, Delhi. She said application was dismissed by the order of the learned Sessions Court dated 07.11.2025. As far as the other cases/accused are concerned, the petitioner has not yet approached the appropriate forum. 4.

In these circumstances, Mr. Kumar submits that the petitioner will approach the relevant Court for cancellation of bail in the said FIRs and will file a separate petition before this Court, if so advised, in respect of cancellation of bail granted in FIR No. 181/2022. 5.

Having regard to the above submissions, prayer 'A' is disposed of without prejudice to the rights and remedies available to the petitioner to seek cancellation of bail by way of a properly constituted petition in respect of FIR No. 181/2022, and to seek cancellation of bail in respect of other FIRs before the appropriate forum at the first instance. 6.

As far as prayer 'B' is concerned, Mr. Kumar submits that the concerned Deputy Commissioner of Police ["DCP"] may be directed to consider the petitioner's request with regard to invocation of the Maharashtra Control of Organised Crime Act, 1999, and initiation of externment proceedings against the concerned persons. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

In view of the above, it is directed that the concerned DCP may consider the contentions raised by the petitioner in the present petition and take an appropriate decision in accordance with law. 8.

The petition is disposed of in these terms.

9.

It is made clear that this Court has not issued notice to the accused (respondent Nos. 2 to 18) and this order is not to be construed as any observation on the merits of the case pleaded by the petitioner. The police authorities as well as the concerned Court, if approached by the petitioner, may take an appropriate decision in accordance with law after compliance of all necessary formalities. All rights and remedies of the parties remain reserved.

PRATEEK JALAN, J MARCH 25, 2026 'Bhupi/JM'/ The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.