Ajay Saxena Vs State Govt. of NCT of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2026)

Ajay Saxena Vs State Govt. of NCT of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Request/direction to the learned Trial Court (JMFC, Central District, Tis Hazari Courts, Delhi) to conclude the evidence of the complainant as expeditiously as possible, preferably within six months, with parties not permitted to seek unwarranted extensions/adjournments; petition disposed of accordingly.

Issue for consideration

Whether the High Court should direct the learned JMFC, Central District, Tis Hazari Courts, Delhi to complete the complainant's evidence within a stipulated period and dispose of the proceedings arising out of FIR No.61/2013 (PS Nabi Karim) under Sections 465/467/471 IPC.

Court's answer

Considering the nature of the proceedings (2013 FIR, complainant's evidence incomplete), no reply was required from the respondents in view of the relief sought by the petitioner.

Ratio / Principle

In the interest of justice, the learned Trial Court was requested to conclude the evidence of the complainant as expeditiously as possible, preferably within six months (rather than the two months sought), and the parties were not to be allowed unwarranted extensions/adjournments before the learned Trial Court.

Key takeaways

The writ petition was disposed of with the aforesaid directions.ratio¶21

Detailed headnote1 paragraphs

Delhi High Court (Saurabh Banerjee, J.; order dated 04.02.2026) disposed of a writ petition (criminal) filed under Article 226 of the Constitution read with Section 528 BNSS, 2023 by which the petitioner sought a direction to the learned JMFC, Central District, Tis Hazari Courts, Delhi to complete the complainant's evidence, preferably within two months, and dispose of proceedings arising out of FIR No.61/2013, PS Nabi Karim, under Sections 465/467/471 IPC. Holding the FIR pertained to 2013 and the complainant's evidence remained incomplete, the Court held no reply was required and, in the interest of justice, requested the learned Trial Court to conclude the complainant's evidence as expeditiously as possible, preferably within six months, with no unwarranted extensions/adjournments to be allowed; the petition was disposed of with these directions. CRL.M.A. 3694/2026 (exemption) was allowed subject to all just exceptions.

$~79

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 393/2026

AJAY SAXENA .....Petitioner Through: Mr. Kanishak Kharbanda, Advocate (Through VC)

versus

STATE GOVT. OF NCT OF DELHI & ANR. .....Respondent Through: Ms. Rupali Bandhopadhya, ASC with Ms. Amisha Gupta, Advocate. Mr. Ankit, Advocate (Through VC) for R-2.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 04.02.2026

CRL.M.A. 3694/2026 (for exemption)

Exemption allowed, subject to all just exceptions.

The application is disposed of.

W.P.(CRL) 393/2026

By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ( BNSS ), the petitioner seeks direction to the learned JMFC, Central District, Tis Hazari Courts, Delhi ( learned Trial Court ) for completing the complainant’s evidence, preferably within a stipulated period of two months and dispose of the proceedings arising out of of FIR No.61/2013 registered at PS: Nabi Karim under Sections 465/467/471 of the Indian Penal Code, 1860 ( IPC ).

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 06/02/2026 at 13:24:56

Issue notice.

Learned ASC for the State accepts notice and submits that she has no objection if the present petition is allowed.

Learned counsel for respondent no.2 also accepts notice, and seeks to file a reply.

Considering the nature of the proceedings involved, particularly since the FIR is pertaining to the year 2013 and the evidence of the complainant has yet not been completed, this Court is of the considered view that no reply is required in view of the relief sought by the petitioner. In the interest of justice, the learned Trial Court is requested to conclude the evidence of the complainant as expeditiously as possible, preferably within a period of six months , whence, needless to say, the parties shall not be allowed to seek unwarranted extension/ adjournment before the learned Trial Court.

The petition is disposed of with the aforesaid directions.

SAURABH BANERJEE, J

FEBRUARY 4, 2026/NA

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 06/02/2026 at 13:24:56