Dismissed

Amit Tyagi v. State of NCT of Delhi

Delhi HC17 Feb 2026W.P.(CRL)/558/2026

Case brief

AI extract

What is this about?

Petitioner sought quashing of two 'Notice to Join Enquiry' notices issued by Delhi Police Crime Branch over a complaint of forgery and cheating involving an MSME letterhead, arguing they were arbitrary and non-speaking. The court found the notices self-explanatory since no FIR had been registered, held the petition premature and dismissed it in limine.

What the court decided

AI extract

Amit Tyagi Vs State of NCT of Delhi — Quashing and FIR | Delhi HC (2026)

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$~59

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 558/2026, CRL.M.A. 5274/2026

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AMIT TYAGI .....Petitioner Through: Mr. Vikas Gupta, Adv. (through VC) versus

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STATE OF NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhya, ASC alongwith Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advs. an SI Ankur Yadav, PS.: AEKL/ Crime Branch.

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CORAM:

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HON'BLE MR. JUSTICE SAURABH BANERJEE

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O R D E R % 17.02.2026

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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 quashing of the two notices titled “Notice to Join Enquiry” dated 12.01.2026 and 28.01.2026 issued by the respondent to the petitioner.

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Learned counsel for petitioner submits the aforesaid two notices are prima facie arbitrary and non-speaking since they don’t disclose the statutory provision or authority under which they have been issued to the petitioner, as also that it is also unclear if the petitioner is called as a witness or an accused.

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In reply thereof, learned ASC for the State submits that the prosecution is acting only on the basis of the written complaint filed regarding using of Forged Official Letterhead of MSME, cheating and

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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 19/02/2026 at 13:17:38

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forgery, without registering an FIR as yet, there is no reason for mentioning the requisite provision(s) of the Code of Criminal Procedure, 1973 ( Cr.P.C. ) in the said notices.

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He further submits that a bare perusal of both the notices i.e., “Notice to Join Enquiry” and the content therein clearly reflect that the same are based on a written complaint and the petitioner has been called only for the purpose of enquiry and clarification therein.

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The relevant extract of both the verbatim notices are as under:

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“Through this request letter you are hereby informed that a written complaint regarding using of Forged Official Letterhead of MSME, cheating and Forgery has been filed

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For the purpose of enquiry in the said matter and clarification, you are hereby called to join the enquiry at AEKC/Crime Branch, Sunlight Colony, Delhi Police on 14.01.2026 at about 03:00 PM along with Copy of Pan Card and GST no in respect of your above mentioned company”

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Prima facie , this Court finds that the aforesaid two notices issued are self-explanatory inasmuch as no FIR has been registered as of yet and the said notices have been issued only requiring the petitioner to join enquiry wherein certain details are required to be sought from him.

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As such, in view of the aforesaid, the present petition is itself premature, and there is hardly any merit therein for issuance of notice. 8. Accordingly, the present petition, alongwith the pending application, is dismissed in limine .

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SAURABH BANERJEE, J

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FEBRUARY 17, 2026/ bh

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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 19/02/2026 at 13:17:38

Amit Tyagi v. State of NCT of Delhi

Case brief

What is this about?

What the court decided

Amit Tyagi v. State of NCT of Delhi

Case brief

What is this about?

What the court decided

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Case details

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