Disposed

Alimuddin Dehlavi v. the State of NCT of Delhi and Ors.

Delhi HC20 Aug 2024W.P.(CRL)/2506/2024

Case brief

AI extract

What is this about?

The Delhi High Court disposed of a writ petition seeking direction to register an FIR. The court granted liberty to approach the Magistrate under section 175(3) BNSS expeditiously, directed provision of SHO and constable contact details, and disposed of pending applications.

What did the court decide?

Liberty to approach Magistrate under section 175(3) BNSS expeditiously; direction to furnish SHO and constable contact numbers; disposition of petition.

Alimuddin Dehlavi Vs the State of NCT of Delhi… — Civil Procedure and Limitation | Delhi HC (2024)

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$~72

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 2506/2024 ALIMUDDIN DEHLAVI .....Petitioner Through: Mr. A. K. Mishra with Mr. Aripit Mishra, Mr. Anik Srivastava, Mr. Sudhanshu Dwivedi, Mr. Manoj Kumar and Mr. Rahul, Advocates.

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versus THE STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Amol Sinha, ASC for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar and Ms. Chavi Lazarus, Advocates. SI Omkant Yadav, P.S.: Hauz Qazi.

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CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R % 20.08.2024

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CRL.M.A. 24440/2024

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Exemption granted, subject to just exceptions.

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Let requisite compliances be made within 01 week.

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The application stands disposed of.

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W.P.(CRL) 2506/2024

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By way of the present petition filed under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to register an FIR in the backdrop of what has been explained in the petition.

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Upon being queried, Mr. A.K. Mishra, learned counsel appearing for the petitioner admits that the petitioner has not preferred any application under section 175(3) of the Bharatiya Nagarik Suraksha Sanhita 2023 (‘BNSS’), before the learned Magistrate seeking the same relief.

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W.P.(CRL) 2506/2024

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Page 1 of 2

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This is a digitally signed order. 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 27/08/2024 at 11:52:58

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Mr. Mishra submits that the proceedings before the learned Magistrate would take considerable time and in the meantime the petitioner has been receiving threats from private parties who have undertaken illegal construction.

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In the circumstances and in view of the law laid down by Supreme Court in Sakiri Vasu vs. State of Uttar Pradesh & Ors. ,¹ the present petition is disposed-of, granting liberty to the petitioner to approach the concerned Metropolitan Magistrate under section 175(3) BNSS, with a request to the learned Magistrate to deal with the application expeditiously.

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Furthermore, as offered by learned counsel for the respondents, it is directed that the cell-phone number of the concerned SHO as well as the concerned Beat Constable, be furnished to the petitioners immediately, who may contact them in any eventuality.

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Petition stands disposed-of in the above terms.

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Pending applications, if any, also stand disposed-of.

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ANUP JAIRAM BHAMBHANI, J

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AUGUST 20, 2024 ds

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1 (2008) 2 SCC 409

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W.P.(CRL) 2506/2024

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Page 2 of 2

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This is a digitally signed order.

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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 27/08/2024 at 11:52:58

Alimuddin Dehlavi v. the State of NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Alimuddin Dehlavi v. the State of NCT of Delhi and Ors.

Case brief

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What did the court decide?

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