Disposed¶26

Anita Jain v. State of NCT of Delhi

Delhi HC16 Dec 2025CRL.M.C./8970/2025

Case brief

AI extract

What is this about?

Quashing petition under Section 582 BNSS against notice under Section 94 BNSS dated 09.12.2025; reliance on State of Gujarat v. Shyamlal Mohanlal Choksi, AIR 1965 SC 1251 (Constitutional Bench); notice directed not to be pursued; State free to continue investigation and recover documents under BNSS provisions; FIR No. 223/2025, P.S. Shakarpur, Delhi; petitioner Anita Jain subsequently arrested; exemption application granted and disposed; CRL.M.C. 8970/2025; Delhi High Court; Sanjeev Narula, J.; 16.12.2025.

What did the court decide?

Direction that the impugned notice under Section 94 BNSS dated 9th December, 2025 shall not be pursued; the State may continue the investigation in accordance with law and use appropriate provisions for recovery of documents. ¶26

Anita Jain Vs State of NCT of Delhi — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶26

Issue for consideration

Whether the notice dated 9 December 2025 issued under Section 94 BNSS to the petitioner in FIR No. 223/2025 is void ab initio and an abuse of process, being in conflict with the Constitutional Bench decision in State of Gujarat vs. Shyamlal Mohanlal Choksi, warranting quashing.

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Ratio / Principle

In view of the State's submissions (including that the impugned notice shall not be pursued in view of the Constitutional Bench decision), the petition and applications are disposed of with a direction that the notice under Section 94 BNSS dated 9th December, 2025 shall not be pursued.

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Key takeaways

The State remains at liberty to continue the investigation in accordance with law and to take recourse to appropriate provisions (of the BNSS) for recovery of documents etc., if so required.ratio¶27

Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J.; order dated 16.12.2025) disposed of CRL.M.C. 8970/2025, a petition filed by Anita Jain under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of a notice dated 9th December, 2025 issued by the investigating officer under Section 94 BNSS to her in FIR No. 223/2025, P.S. Shakarpur, Delhi, which she contended was void ab initio, an abuse of process, and in conflict with the Constitutional Bench decision in State of Gujarat vs. Shyamlal Mohanlal Choksi (AIR 1965 SC 1251). On the State APP's instruction that the IO would proceed under the correct BNSS provisions and that the impugned notice would not be pursued in view of that Constitutional Bench decision (the petitioner having since been arrested and having given no information in response), the court disposed of the petition with a direction that the notice shall not be pursued, while expressly leaving the State free to continue the investigation in accordance with law and to take recourse to appropriate provisions for recovery of documents. The companion exemption application (CRL.M.A. 37501/2025) was granted subject to all just exceptions and disposed of, with the applicant directed to file legible copies of exempted documents before the next hearing.

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$~46

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 8970/2025 & CRL.M.A. 37500/2025

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ANITA JAIN .....Petitioner

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Through: Mr. Vivek Punia, Adv.

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versus

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STATE OF NCT OF DELHI .....Respondent Through: Mr. Hitesh Vali, APP for the State. Mr. Harsimran Singh & Mohd. Tauqeer Khan, Advs. for R-2.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 16.12.2025

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CRL.M.A. 37501/2025 (Exemption)

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Exemption is granted, subject to all just exceptions.

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

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Accordingly, the application stands disposed of.

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CRL.M.C. 8970/2025

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This petition under Section 582 of Bharatiya Nagarik Suraksha Sanhita, 2023¹ seeks quashing of the impugned notice dated 9^th December, 2025, issued by the investigating officer to the Petitioner in FIR No. 223/2025 registered at P.S. Shakarpur, Delhi.

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The short grievance of the Petitioner is that the aforenoted notice is void ab initio and abuse of process of law and is in conflict with the decision

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1 “BNSS”

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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 18/12/2025 at 12:12:17

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of the Constitutional Bench in the Apex Court in State of Gujarat vs. Shyamlal Mohanlal Choksi² .

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Mr. Heamnt Valli, APP for the State, on instructions from the investigating officer, submits that the IO shall proceed under the correct provisions of law for investigation/interrogation of the Petitioner and shall take appropriate steps for recovery of the documents in accordance with the provisions of the BNSS.

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He further submits that the impugned notice shall not be pursued in view of the decision of the Constitutional Bench noted above.

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Mr. Valli further adds that the Petitioner has since been arrested and in response to this notice, she has not given any information.

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In view of the submissions made above, the present petition and the applications are disposed of with a direction that the notice under Section 94 BNSS dated 9^th December, 2025 shall not be pursued.

¶27

The State shall, however, be at liberty to continue with the investigation in accordance with law and take recourse to appropriate provisions for recovery of documents etc., if so required.

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SANJEEV NARULA, J

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DECEMBER 16, 2025/ ng

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2 AIR 1965 SC 1251

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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 18/12/2025 at 12:12:17

Anita Jain v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Anita Jain v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

Coram

Case details

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