Uma Shankar Mehta v. State Govt of NCT of Delhi & Ors

O R D E R %

20.11.2024 CM APPL. 67340/2024 (Ex.) Allowed, subject to all just exceptions.

The application is disposed of. LPA 1131/2024, CM APPL. 67339/2024 (Interim Stay), CM APPL. 67341/2024 (50 Days Delay)

The Learned Single Judge in terms of the impugned judgment dated 21 August 2024 has found no error in the view expressed by the Metropolitan Magistrate who had refused to entertain the complaint referable to Section 156(3) of the Code of Criminal Procedure, 1973 ["Cr.P.C"] and corresponding to Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ["BNSS"].

Bearing in mind the undisputed position that in respect of the same incident, a complaint had already been lodged by the appellant and in which his statement referable to Section 200 of the Cr.P.C was yet to be recorded, we find no error in the view as expressed. This is a digitally signed order. In view of the aforesaid, we find no justification to interfere with the order impugned The appeal shall consequently stand dismissed.

YASHWANT VARMA, J.

DHARMESH SHARMA, J. NOVEMBER 20, 2024/DR This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 1131/2024, CM APPL. 67339/2024 (Interim Stay), CM APPL. 67341/2024 (50 Days Delay) UMA SHANKAR MEHTA .....Appellant Through: Appellant in person. versus STATE GOVT OF NCT OF DELHI & ORS. .....Respondents Through: None. CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE DHARMESH SHARMA