Prithiraj Sanyal & Anr v. State NCT of Delhi and Anr

O R D E R %

20.11.2025 CRL.M.A. 34459/2025 (exemption from filing certified copies etc.) Allowed, subject to all just exceptions. The application stands disposed-of. CRL.M.C. 8265/2025 & CRL.M.A. 34458/2025 (stay)

¶1This is a petition under Section 528 BNSS for quashing of complaint case no. CT. Case 42527/2024 titled "Mohd. Zahid v. Prithiraj Sanyal & Ors." as also the summoning orders dated 03.09.2025 passed by the Ld. Judicial Magistrate First Class-04, South East, Saket Courts.

¶2Learned counsel submits that respondent no. 2 filed a complaint case along with the application 156(3) CrPC. However, the application was dismissed vide order dated 20.11.2024 holding that the dispute was purely civil in nature and that no investigation was required. Respondent no. 2, thereafter preferred revision petition, which is stated to be still pending This is a digitally signed order. before the Sessions Court.

¶3It is further submitted that second complaint was filed by respondent no. 2, concealing the factum of filing of the first complaint and the dismissal of the application under Section 156(3) CrPC.

¶4The perusal of the impugned order dated 03.09.2025 reveals that petitioner has not been summoned as an accused, rather a notice has been issued to him as a proposed accused to grant him a hearing in terms of Section 223(1) BNSS.

¶5Thus, petitioner has an opportunity to urge his grievances before the trial court at the time of hearing under Section 223(1) BNSS. That being so the present petition is premature and is dismissed. Petitioner would be at liberty to press his grievances before the learned trial court at the time of hearing under Section 223(1) BNSS.

¶6It is clarified that no order has been passed on merits of contentions raised and all rights and contentions of the parties are left open. RAVINDER DUDEJA, J NOVEMBER 20, 2025 Gs/ma This is a digitally signed order.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8265/2025 PRITHIRAJ SANYAL & ANR. .....Petitioners Through: Mr.Yogesh Sharma, Mr. Arindam Ganguly, Advs. versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Nawal Kishore Jha, APP with SI Arvind Kumar. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA