Writ petition challenging a Metropolitan Magistrate's order framing charges under Sections 354D/506/509 IPC. The Court found an efficacious alternate remedy via revision under Section 397 CrPC and disposed of the petition, permitting approach to Sessions; State assured protection through Beat Officer contact.
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NARESH KUMAR .....Petitioner Through: Petitioner-in-Person.
versus
STATE OF NCT DELHI AND OTHERS .....Respondents Through: Mr. Rahul Tyagi, ASCCRL for the State with Mr. Sangeet Sibou, Mr. Jatin, Mr. Mathew M. Philip, Ms. Priya Rai & Mr. Abhishek Tomar, Advocates. ASI Mukesh Kumar (P.S. Subzi Mandi).
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R % 10.09.2024
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 12/09/2024 at 12:26:12
AMIT MAHAJAN, J
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 12/09/2024 at 12:26:12
1 issue framed by the court
Whether a writ petition challenging framing of charges under Sections 354D/506/509 IPC is maintainable when an efficacious alternate remedy exists before the Court of Sessions.
2 provisions across 2 enactments
Naresh Kumar
State of NCT Delhi
Others
Amit Mahajan
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
