DIVESH RAWAT vs STATE OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 17th July, 2025 Pronounced on: 12th August, 2025 + W.P.(CRL) 1921/2025 & CRL.M.A. 18036/2025 DIVESH RAWAT .....Petitioner Through: Mr. Chirag Madan, Ms. Ravleen Sabharwal, Mr. Sai Krishna Kumar, Mr. Rahul Agarwal, Mr. Ronit Bose, Mr. Akash Kamal & Ms. Rachael Tuli, Advs. Versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC (Crl.) for the State with Mr. Arijit Sharma & Ms. Sakshi Jha, Advs. SI Parmod Kumar, P.S. Crime Branch, NDR. Mr. Anurag Ahluwalia, Sr. Adv. with Ms. A. Pratap Singh Ruddy, Ms. Rudrali Patil, Ms. Usha Jamwal, Ms. Harshita Chaturvedi & Ms. Rushika, Advs. for the complainant. CORAM: HON'BLE MR. JUSTICE AMIT SHARMA Signature Not Verified Digitally Signed By:BHASKAR SINGH RAWAT W.P.(CRL) 1921/2025 Page 1 of 48 Signing Date:12.08.2025 19:23:11 JUDGMENT AMIT SHARMA, J. 1. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,1 has been filed on behalf of the petitioner, inter alia, seeking declaration of his arrest on 15.06.2025 in FIR No. 29/2025, under Sections 318(4)/316(2)/61(2) of the Bharatiya Nyaya Sanhita, 2023,2 registered at P.S. Crime Branch as non-est and illegal and setting aside of remand orders passed by learned Judicial Magistrate First Class in connection with the aforesaid FIR, post the arrest of the present petitioner. 2. The petitioner has relied upon the following list of dates and events leading to the filing of the present petition: - • On 29.01.2025, the aforesaid FIR No. 29/2025, under Sections 318(4)/316(2)/61(2) of the BNS, 2023, was registered at P.S. Crime Branch; • On 31.01.2025, a Complaint under Section 223 of the BNSS along with Section 175(3) of the BNSS was