Dismissed¶¶16

Atul Srivastav v. State & Ors.

Delhi HC15 Apr 2026CRL.M.C./2573/2022

Case brief

AI extract

What is this about?

Delhi High Court; CRL.M.C. 2573/2022 with CRL.M.A. 10761/2022; Atul Srivastav v. State & Ors.; Saurabh Banerjee, J.; order dated 15.04.2026; petition dismissed as withdrawn; maintainability of petition; prior withdrawal of revision petition before learned Sessions Court by order dated 20.04.2022; liberty to file afresh; liberty to seek appropriate remedy including fresh petition before Sessions Court; Sessions Court to decide afresh on own merits uninfluenced by High Court order; no statutes or precedents engaged; no monetary quantum.

What did the court decide?

Petition dismissed as withdrawn with liberty to seek appropriate remedy in accordance with law, including filing of a fresh petition before the learned Sessions Court, which shall adjudicate any such fresh filing on its own merits without being influenced by this Court's order.

Atul Srivastav Vs State & Ors. — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the present petition is maintainable before this Court in view of the specific order dated 20.04.2022 of the learned Sessions Court recording the petitioner's withdrawal of the revision petition with only liberty to file afresh.

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Court's answer

The Court was prima facie of the opinion that the present petition is not maintainable in view of the specific order dated 20.04.2022 passed by the learned Sessions Court, wherein the petitioner had withdrawn the revision petition with only liberty to file the same afresh.

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Ratio / Principle

In view of the aforesaid, the present petition was dismissed as withdrawn, with liberty as prayed for to seek appropriate remedy in accordance with law, including filing of a fresh petition before the learned Sessions Court.

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Key takeaways

Considering the facts and circumstances involved, the learned Sessions Court shall adjudicate upon anything filed afresh by the petitioner on the same facts and circumstances upon its own merits, without being influenced by the order passed by this Court.obiter¶¶17

Detailed headnote1 paragraphs

CRL.M.C. 2573/2022, High Court of Delhi at New Delhi (Saurabh Banerjee, J.), order dated 15.04.2026: The petitioner had earlier withdrawn his revision petition before the learned Sessions Court on 20.04.2022 with only a liberty to file it afresh. Being prima facie of the opinion that the present petition was not maintainable in view of that specific order, the Court recorded learned counsel's request to withdraw the petition; the petition was dismissed as withdrawn with liberty as prayed for, i.e., liberty to seek appropriate remedy in accordance with law, including filing of a fresh petition before the learned Sessions Court. The learned Sessions Court was to adjudicate upon anything filed afresh on the same facts and circumstances upon its own merits, without being influenced by this Court's order. No statute or precedent was cited in this brief order.

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$~11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2573/2022, CRL.M.A. 10761/2022

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ATUL SRIVASTAV .....Petitioner

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Through: Mr. Aman Akhtar and Mr. Ishan Parashar, Advocates.

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versus STATE & ORS. .....Respondents Through: Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advocates. SI Subham, PS-Gandhi Nagar. Mr. Rinku Garg, Mr. Manik Rai Bhalla, Mr. Kunal Narang, Mr. Prashant Dahiya, Mr. Laksh Dogra and Mr. Jitender Kumar, Advocates for R-2.

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 15.04.2026

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Learned APP for the State seeks a period of two weeks for filing a Status Report in compliance of the last order.

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However, this Court is, prima facie , of the opinion that the present petition is not maintainable in view of the specific order dated 20.04.2022, passed by the learned Sessions Court wherein the petitioner had withdrawn the revision petition with only “ʼ… … liberty to file (the same) afresh… … ”.

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In view of the aforesaid, learned counsel for the petitioner seeks to withdraw the present petition with liberty to seek appropriate remedy in

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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 20/04/2026 at 11:27:19

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accordance with law including filing of a fresh petition before the learned Sessions Court.

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Accordingly, the present petition is dismissed as withdrawn with liberty as prayed for.

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Needless to say, considering the facts and circumstances involved the learned Sessions Court shall adjudicate upon anything filed afresh on the same facts and circumstances upon its own merits without being influenced by the order passed by this Court.

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SAURABH BANERJEE, J

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APRIL 15, 2026/NA

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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 20/04/2026 at 11:27:19

Atul Srivastav v. State & Ors.

Case brief

What is this about?

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Atul Srivastav v. State & Ors.

Case brief

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