Partly allowed

Md. Khurshid Ansari v. the State NCT of Delhi

Delhi HC11 Feb 2025BAIL APPLN./579/2025

Case brief

AI extract

What is this about?

High Court at Delhi granted 2 weeks of protection from arrest in an anticipatory bail petition filed under Section 482 BNSS, noting procedural irregularity in issuing NBWs without statutory notice. Petition disposed pending cancellation of NBWs.

What did the court decide?

Petitioner granted immunity from arrest for two weeks; notice to seek cancellation of issued NBWs and section 82 proceedings.

Md. Khurshid Ansari Vs the State NCT of Delhi — Child Custody and Guardianship | Delhi HC (2025)

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$~17

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 579/2025

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MD. KHURSHID ANSARI

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.....Petitioner Through: Mr. Suraj Prakash, Mr. Sahil Sharma, Adv.

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versus

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THE STATE NCT OF DELHI

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.....Respondent Through: Mr. Yudhvir Singh Chauhan, APP SI Deepak Kumar, PS Jahangir Puri

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CORAM: HON'BLE MR. JUSTICE JASMEET SINGH O R D E R % 11.02.2025

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This is a petition filed under section 482 of BNSS seeking grant of anticipatory bail to the petitioner in the event of arrest in FIR No. 500/2023, dated 22.06.023, registered at PS Jahangir Puri under Sections 75/79 of the JJ Act, sections 3/14 of the Child Labour Act, sections 16/17/18 of the Bonded Labour Act and section 370 of IPC, 1860.

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Mr. Chauhan, learned APP states that in the present case, NBWs have been issued against the petitioner by the Court of the concerned Metropolitan Magistrate. Further, the proceedings under section 82 of Code of Criminal Procedure, 1973 proceedings have also been initiated against the petitioner. Hence, the petitioner is not entitled to the grant of anticipatory bail.

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On my query, Mr. Chauhan, learned APP very fairly states that no

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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 15/02/2025 at 12:00:03

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notice under Section 41A of Code of Criminal Procedure, 1973 has been served on the petitioner in writing.

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I am of the view that the NBWs issued against the petitioner without issuing a notice under Section 41Aof Code of Criminal Procedure, 1973 may be a procedural irregularity.However, the petitioner will have to approach the concerned Court seeking cancellation of the NBWs issued against him as well as the proceedings initiated against him under section 82 of the Code of Criminal Procedure, 1973.

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For the said reasons, a period of 2 weeks is granted to the petitioner to do the needful.

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In the meantime, the petitioner shall not be arrested for a period of 2 weeks from today inFIR No. 500/2023, dated 22.06.023, registered at PS Jahangir Puri under Sections 75/79 of the JJ Act, sections 3/14 of the Child Labour Act, sections 16/17/18 of the Bonded Labour Act and section 370 of IPC, 1860.

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With these directions, the present petition is disposed of.

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JASMEET SINGH, J

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FEBRUARY 11, 2025 / (MS)

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Click here to check corrigendum, if any

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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 15/02/2025 at 12:00:03

Md. Khurshid Ansari v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Md. Khurshid Ansari v. the State NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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