Disposed¶23

Indrajit Ranjan Sarker v. State of NCT of Delhi

Delhi HC16 Apr 2026CRL.M.C./2856/2026

Case brief

AI extract

What is this about?

Section 582 BNSS petition to quash JMFC order; application for cancellation of bailable warrants dismissed without adjudication on merits; order dated 09.02.2026 set aside; proceedings remanded to JMFC-06, Rohini Courts for fresh adjudication on merits; Criminal Case No. 5823 of 2019, State v. Ikbal; FIR No. 875 of 2018, PS Aman Vihar; relief qua order dated 07.02.2026 given up; CRL.M.C. 2856/2026; Justice Saurabh Banerjee; High Court of Delhi; 16.04.2026.

What did the court decide?

The relief sought - quashing and setting aside of the order dated 09.02.2026 of the learned JMFC-06, Rohini Courts - was granted: the impugned order was set aside and the application for cancellation of bailable warrants remanded for fresh adjudication on merits; the petition and pending applications were disposed of with these directions. ¶23

Indrajit Ranjan Sarker Vs State of NCT of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order dated 09.02.2026 passed by the learned Judicial Magistrate First Class-06, District North-West, Rohini Courts - disposing of the application for cancellation of the petitioner's bailable warrants as dismissed - should be quashed and set aside.

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Court's answer

The impugned order dated 09.02.2026 did not dispose of the application seeking cancellation of the petitioner's bailable warrants on merits.

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Ratio / Principle

The impugned order dated 09.02.2026 is set aside and the proceedings are remanded to the learned Judicial Magistrate First Class-06, District North-West, Rohini Courts, New Delhi for adjudication of the said application afresh, on merits.

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Key takeaways

On remand, the application shall be taken up, heard and decided on its own merits, without being influenced either by the impugned order dated 09.02.2026 or by the present order.ratio¶22

Detailed headnote1 paragraphs

CRL.M.C. 2856/2026 (High Court of Delhi, Saurabh Banerjee, J., 16.04.2026): Petition under Section 582 BNSS by Indrajit Ranjan Sarker, confined to quashing the order dated 09.02.2026 of the learned Judicial Magistrate First Class-06, District North-West, Rohini Courts, New Delhi, in Criminal Case No. 5823 of 2019 (State v. Ikbal; FIR No. 875 of 2018 dated 5 September 2018, PS Aman Vihar), whereby his application for cancellation of bailable warrants stood disposed of as dismissed. Relief qua a parallel order dated 07.02.2026 of the same JMFC was given up. Finding prima facie that the application had not been disposed of on merits, the Court set aside the impugned order and remanded the matter to the learned JMFC for fresh adjudication on merits, to be heard without influence from either the impugned order or the present order; the petition and pending applications were disposed of accordingly, and a copy of the order was directed to the Principal District and Sessions Judge, North-West, Rohini Courts, for information and compliance.

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$~66

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 2856/2026, CRL.M.A. 11616/2026 & CRL.M.A. 11617/2026

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INDRAJIT RANJAN SARKER .....Petitioner

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Through: Mr. Naresh Panwar and Mr. Daniyal Khan, Advs.

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versus

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STATE OF NCT OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP for the State with Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advs. SI- Sandeep, PS: Aman Vihar

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 16.04.2026

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At the outset, learned counsel for the petitioner submits that by virtue of the present petition under Section 582 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioner seeks to restrict his claim to the following relief only:

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“(i) Quash and set aside the order dated 9 February 2026 passed by the Learned Judicial Magistrate First Class-06, District North-West, Rohini Courts, New Delhi in Criminal Case No. 5823 of 2019 titled as State v. Ikbal initiated pursuant to FIR No. 875 of 2018 dated 5 September 2018 registered with Police Station Aman Vihar;”

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He seeks to, thus, give up the relief qua the order dated 07.02.2026 passed by the Learned Judicial Magistrate First Class-06, District North

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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 12:56:05

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West, Rohini Courts, New Delhi therein.

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Issue notice.

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Learned APP for the State accepts notice.

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This Court finds that the impugned order dated 09.02.2026 under challenge reads as under:

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“Only bailable warrants have been issued against the accused Inderjeet. Liberty of accused Inderjeet is not effected. Accordingly, present application stands disposed off as dismissed.”

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Prima facie , thus, as evident therefrom the said application seeking cancellation of the bailable warrants of the petitioner has not been disposed of on merits. As such, the said impugned order dated 09.02.2026 is set aside and the present proceedings are remanded to the Learned Judicial Magistrate First Class-06, District North-West, Rohini Courts, New Delhi for adjudication on the said application afresh, on merits.

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Needless to say, the same shall be taken up and heard for disposal without either being influenced with the said impugned order dated 09.02.2026 or the present order, on its own merits.

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The present petition along with the pending applications is disposed of with the aforesaid directions.

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A copy of this order be sent to learned Principal District and Sessions Judge, North-West, Rohini Courts, New Delhi for information and compliance.

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SAURABH BANERJEE, J

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APRIL 16, 2026/Ab

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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 12:56:05

Indrajit Ranjan Sarker v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Indrajit Ranjan Sarker 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

Statutes considered

Procedural history

Parties & counsel

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