Naveen Dutta through Special Power of Attorney Holder… — Writ and Judicial Review | Delhi HC (2025)

Naveen Dutta through Special Power of Attorney Holder… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with liberty to the Petitioner to withdraw and take appropriate action under Section 175 of the BNSS by approaching the concerned judicial metropolitan magistrate for further action, including seeking registration of the FIR; no comments made on merits and all rights and contentions left open.

Issue for consideration

Whether directions should be issued to Respondents No. 1-3 to register an FIR against Respondents No. 4 and 5 and to take necessary actions to prevent the said Respondents from leaving the country.

Court's answer

Following the State's disclosure that the complaint had been transferred to Kalkaji Police Station and closed after enquiry, the Court permitted the Petitioner to seek appropriate action under Section 175 of the BNSS and disposed of the writ petition with liberty to approach the concerned judicial metropolitan magistrate for further action.

Ratio / Principle

The Court expressly made no comments on the merits of the case; any action for registration of the FIR taken by approaching the concerned magistrate shall be examined on its own merits in accordance with law, and all rights and contentions of the parties are left open.

Key takeaways

On Crl.M.A. 4558/2025 (exemption), exemption from filing documents was granted subject to all just exceptions, with a direction to file legible and clearer copies compliant with practice rules before the next date of hearing; the application stands disposed of.ratio¶13

Detailed headnote1 paragraphs

High Court of Delhi (Sanjeev Narula, J.), Order dated 13.02.2025 in W.P.(CRL) 510/2025 - Naveen Dutta through Special Power of Attorney Holder and father Sh. Pran Nath Dutta v. State of NCT of Delhi & Ors. A writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 sought directions to Respondents No. 1-3 to register an FIR against Respondents No. 4 and 5 and to prevent them from leaving the country. The Petitioner had complained to Govind Puri police station on 6 October 2024 and again on 18 November 2024, and had personally met the Investigating Officer, but alleged no action was taken. The State apprised the Court that the complaint was transferred to Kalkaji Police Station, which conducted an enquiry and closed the complaint, its observations being recorded in a status report dated 19 December 2024 (taken on record and supplied to Petitioner's counsel). Counsel for the Petitioner thereupon sought leave to withdraw the petition with liberty to take appropriate action under Section 175 of the BNSS before the concerned judicial metropolitan magistrate. The petition was accordingly disposed of with such liberty; the Court clarified that it made no comments on the merits, that any magistrate-level action for FIR registration would be examined on its own merits in accordance with law, and that all rights and contentions of the parties were left open. Crl.M.A. 4558/2025 (exemption) was disposed of with exemption granted subject to all just exceptions and a direction to file legible copies compliant with practice rules before the next date of hearing.

$~52

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 510/2025

NAVEEN DUTTA THROUGH SPECIAL POWER OF

ATTORNEY HOLDER AND FATHER SH. PRAN NATH DUTTA

.....Petitioner Through: Mr. Pankaj Kumar Sinha, Mr. Kanishk Arora and Ms. Muskan Aggarwal, Advocates

versus

STATE OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Amol Sinha, ASC (Crl.) for the State with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Rahul Kochar, Ms. Chavi Lazarus, Advocates with SI Yashveer Sharma, PS Govind Puri

CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 13.02.2025

CRL.M.A. 4558/2025 ( Exemption )

Exemption is granted, subject to all just exceptions.

The Applicant shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

Accordingly, the application stands disposed of.

W.P.(CRL) 510/2025

The present writ petition under Article 226 of the Constitution of

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 02/07/2025 at 01:11:57

India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023¹ seeks issuance of directions to Respondents No. 1-3, to register an FIR against Respondents No. 4 and 5 and to take necessary actions to prevent the said Respondents from leaving the country.

The Petitioner alleges that a complaint against Respondent No. 4 and 5 was made to the police at Govind Puri police station on 6^nd October, 2024 followed by further communication on 18^th November, 2024. Counsel for the Petitioner states that despite this, no action has been taken regarding the said complaints. Additionally, the Petitioner personally visited the Investigating Officer at the Govind Puri Police Station, but no action has been taken thus far.

On the other hand, Mr. Amol Sinha, ASC for the State, apprises the Court that the complaint received at Govind Puri Police Station was transferred to the Kalkaji Police Station, who have conducted enquiry and made certain observations, noted in status report dated 19^th December, 2024, and have closed the complaint of the Petitioner. A copy of the status report dated 19^th December, 2024 is handed over across the board and taken on record. A copy of the same has also been provided to counsel for Petitioner. 7. In light of the foregoing, counsel for the Petitioner states that they would now like to take appropriate action under the of Section 175 of the BNSS. Accordingly, the Petitioner seeks leave to withdraw the present petition with liberty to approach the concerned judicial metropolitan magistarte for further action.

The petition is disposed of with liberty as aforesaid.

It is made clear that the Court has not made any comments on the

1 “BNSS”

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 02/07/2025 at 01:11:57

merits of the case. In the event, the Petitioners takes action for registration of the FIR by approaching the concerned magistrate, the same shall be examined on its own merits in accordance with law. All rights and contentions of the partes are left open.

SANJEEV NARULA, J

FEBRUARY 13, 2025 ab/nk

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 02/07/2025 at 01:11:57