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Ziaur Rahman Vs State of NCT of Delhi — Writ and Judicial Review | Delhi HC (2026)

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2026
Ziaur Rahman Vs State of NCT of DelhiZiaur Rahman v. State of NCT of Delhi

Dismissed¶14

Ziaur Rahman v. State of NCT of Delhi

Delhi HC18 Feb 2026W.P.(CRL)/574/2026

Case brief

AI extract

What is this about?

Ziaur Rahman v. State of NCT of Delhi | W.P.(CRL) 574/2026 | High Court of Delhi | Justice Saurabh Banerjee | decided 18.02.2026 | Article 226 Constitution of India | Section 528 BNSS inherent powers | withdrawal of petition with liberty | Chief Judicial Magistrate South East District Saket Courts | Misc. Crl No.168/2026 | order dated 22.01.2026 | dismissed as withdrawn | fresh petition under Section 528 BNSS.

What did the court decide?

Liberty to seek appropriate remedies in accordance with law (liberty as prayed for). ¶14

Why is it important?

The present petition is dismissed as withdrawn with liberty as prayed for, i.e., liberty to seek appropriate remedies in accordance with law. ¶14

What the court decided

AI extract

Outcome

Liberty to seek appropriate remedies in accordance with law (liberty as prayed for).

Issue for consideration

Whether the remedy against the order dated 22.01.2026 of the learned Trial Court lies under Article 226 of the Constitution of India or exclusively within the inherent powers under Section 528 of the BNSS by way of a fresh petition.

Court's answer

The present petition is dismissed as withdrawn with liberty as prayed for, i.e., liberty to seek appropriate remedies in accordance with law.

Detailed headnote1 paragraphs

W.P.(CRL) 574/2026, High Court of Delhi (Saurabh Banerjee, J., 18.02.2026): Petition by Ziaur Rahman under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nyaya Sanhita, 2023 (BNSS) seeking setting aside of the order dated 22.01.2026 passed by the learned Chief Judicial Magistrate, South East District, Saket Courts, New Delhi in Misc. Crl No.168/2026. The learned ASC for the State submitted that no remedy was available under Article 226 and that the appropriate remedy lay exclusively within the inherent powers under Section 528 of the BNSS by filing a fresh petition. De hors this, learned counsel for the petitioner sought to withdraw the petition with liberty to seek appropriate remedies in accordance with law. The petition was dismissed as withdrawn with liberty as prayed for.

A

$~80

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 574/2026

ZIAUR RAHMAN .....Petitioner

Through: Mr. S.D. Singh, Adv. (Through VC)

versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State with Arjit Sharma and Ms. Sakshi Jha, Advs.

CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R % 18.02.2026

By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nyaya Sanhita, 2023 ( BNSS ), the petitioner seeks setting aside of the order dated 22.01.2026 passed by the learned Chief Judicial Magistrate, South East District, Saket Courts, New Delhi in Misc. Crl No.168/2026 ( learned Trial Court ).

Learned ASC for the State submits that no such remedy is available under Article 226 of the Constitution of India as the appropriate remedy lies exclusively within the domain of the “ inherent powers ” vested upon this Court by virtue of Section 528 of the BNSS by filing a fresh petition. 3. De hors the above, learned counsel for the petitioner, seeks to withdraw the present petition with liberty to seek appropriate remedies in accordance with law.

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 20/02/2026 at 13:21:07

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

SAURABH BANERJEE, J

FEBRUARY 18, 2026/Ab

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 20/02/2026 at 13:21:07

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the remedy against the order dated 22.01.2026 of the learned Trial Court lies under Article 226 of the Constitution of India or exclusively within the inherent powers under Section 528 of the BNSS by way of a fresh petition.medium confidence¶11
The court held
The present petition is dismissed as withdrawn with liberty as prayed for, i.e., liberty to seek appropriate remedies in accordance with law.ratio¶14

Statutes considered

2 provisions across 2 enactments

AI extract

Constitution of IndiaArticle 226¶10
Bharatiya Nyaya Sanhita, 2023Section 528¶10

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 22.01.2026 passed by the learned Chief Judicial Magistrate, South East District, Saket Courts, New Delhi in Misc. Crl No.168/2026, sought to be set aside¶10
Chief Judicial Magistrate, South East District, Saket Courts, New Delhi · 22.01.2026

Parties & counsel

AI extract

petitioner
ZIAUR RAHMAN¶4
S.D. Singh
respondent
STATE OF NCT OF DELHI¶6
Sanjeev Bhandari, Arjit Sharma, Sakshi Jha

Coram

AI extract

Saurabh Banerjeeauthor¶8

Case details

As recorded by the court registry

Court: Delhi HC
Decided on: 18 Feb 2026 · February
Registered: 17 Feb 2026
Case no.: W.P.(CRL)/574/2026
CNR: DLHC010060542026
Topic: Writ and Judicial Review
Bench: Saurabh Banerjee
Case type: Writ Petition (Criminal)

A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.

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Cite this judgement

Ziaur Rahman v. State of NCT of Delhi, W.P.(CRL)/574/2026 (DEL), decided on 18 February 2026.

The High Court of Delhi publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Constitution of IndiaArticle 226
Bharatiya Nyaya Sanhita, 2023Section 528

View all statutes

Procedural history1

Order dated 22.01.2026 passed by the learned Chief Judicial Magistrate, South East District, Saket Courts, New Delhi in Misc. Crl No.168/2026, sought to be set asideChief Judicial Magistrate, South East District, Saket Courts, New Delhi · 22.01.2026

View full history

Bench / Coram

Saurabh Banerjee

Parties & counsel

Shivam and Ors. Vs State NCT of Delhi and Ors.

18 Feb 2026