Remanded

Manisha Pande v. Abhijit Iyer Mitra & Anr.

Delhi HC20 May 2026CRL.M.C./3874/2026

Case brief

AI extract

What is this about?

Petitioner challenged an order of the Sessions court staying a trial magistrate's Section 156(3) CrPC direction to register FIR against respondent no.1. The High Court set aside the unreasoned stay order and remanded to the Sessions court with directions to pass a reasoned order within four weeks.

What did the court decide?

Impugned stay order set aside; matter remanded to Court of Sessions for reasoned order within four weeks.

Manisha Pande Vs Abhijit Iyer Mitra & Anr. — Quashing and FIR | Delhi HC (2026)

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$~51

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 20.05.2026

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CRL.M.C. 3874/2026, CRL.M.A. 15725/2026 & CRL.M.A. 15724/2026

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MANISHA PANDE .....Petitioner Through: Ms. Nandita Rao, Senior Advocate with Ms. Bani Dikshit, Mr. Uddhav Khanna, Mr. Dhruva Vig, Mr. Ankur Raghav and Mr. Ujjwal Sharma, Advocates.

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versus

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ABHIJIT IYER MITRA & ANR. .....Respondents Through: Mr. Percivial Billimoria, Senior Advocate with Mr. Jai Anant Dehadrai, Ms. Priyamvada, Ms. Rachita Sood and Ms. Srutee Priyadarshini, Advocates for R-1. Mr. Hemant Mehla, APP for State with SI Sunil Chandra, PS Malviya Nagar.

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CORAM: JUSTICE GIRISH KATHPALIA

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J U D G M E N T (ORAL)

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Petitioner seeks quashing and setting aside of the order dated

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CRL.M.C. 3874/2026

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Page 1 of 3 pages

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2e KATHPALIA ee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.05.20 05:14:18 +05'30'

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Signature Not Verified Digitally Signed By:RAHUL YADAV Signing Da te:2 0.05.2026 17:20:07

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04.05.2026 of the learned Court of Sessions, whereby in the course of preliminary hearing, after issuance of notice, operation of the trial court order was stayed till next date.

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Learned senior counsel for petitioner has explained that the learned trial magistrate allowed application under Section 156(3) CrPC of the present petitioner, thereby directing registration of FIR against the present respondent no.1, which order was challenged by the present respondent no.1 by way of criminal revision. On the very first date, learned Court of Sessions stayed the operation of the order impugned before it. Hence, the present petition.

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One of the major grievances of petitioner is that the impugned order, staying the order of the trial court was without any reasons.

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Learned senior counsel for respondent no.1 on instructions accepts notice. Learned APP for State also accepts notice on behalf of respondent no.2.

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Learned senior counsel for respondent no.1, in all fairness does not dispute that the order impugned in the present petition cannot be sustained for being not a reasoned order. However, I must make it clear that on merits of the impugned order, neither side has addressed.

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Against the above backdrop, with consent of both sides, this petition is disposed of, setting aside the impugned order dated 04.05.2026 of the

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CRL.M.C. 3874/2026

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Page 2 of 3 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80c KATHPALIA bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.05.20 05:14:39 +05'30'

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Signature Not Verified

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Digitally Signed By:RAHUL YADAV Signing Da te:2 0.05.2026 17:20:07

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revisional court and the matter is remanded to the Court of Sessions with the directions to pass a reasoned order after hearing both sides. In view of nature of the proceedings, the learned Court of Sessions is requested to dispose of the stay application as expeditiously as possible, but positively within four weeks provided neither side takes any adjournment.

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For further proceedings, both sides shall appear before the learned Court of Sessions on 22.05.2026 at 10:00 am.

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Accompanying applications stand disposed of.

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GIRISH KATHPALIA

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Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569 af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1557099 6b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.05.20 05:14:54 +05'30'

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GIRISH KATHPALIA (JUDGE)

MAY 20, 2026/ dr

CRL.M.C. 3874/2026

Page 3 of 3 pages

Signature Not Verified

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Digitally Signed By:RAHUL YADAV Signing Da te:2 0.05.2026 17:20:07

Manisha Pande v. Abhijit Iyer Mitra & Anr.

Case brief

What is this about?

What did the court decide?

Manisha Pande v. Abhijit Iyer Mitra & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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