YASH MISHRA vs STATE OF NCT OF DELHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:- 28.07.2025. Date of Decision:- 27.08.2025. + W.P.(CRL) 3101/2024 YASH MISHRA .....Petitioner Through: Mr. Yash Mishra (in person) Mr. Yuvraj Singh, Mr. Harshvardhan Singh, Mr. Siddhant Kumar, Mr. Nikhil Kr. Singh, Ms. Tanushree Karnawat and Ms. Shasya Singh, Advocates. versus STATE OF NCT OF DELHI & ORS .....Respondent Through: Mr. Amol Sinha, ASC (Crl) with Mr. Ashvini Kumar and Mr. Kshitiz Garg, Advocates for State. Mr. Ishkaran Singh Bhandari, CGSC with Mr. Piyush Yadav, Advocate for UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA JUDGMENT DEVENDRA KUMAR UPADHYAYA, CJ 1. The instant Public Interest Litigation(hereinafter referred to as PIL) petition has been filed with the following prayers:- “In view of the above facts and circumstances it is most respectfully prayed that this Hon’ble Court may be pleased to issue any order/ direction/ declaration: “a) Section 193 (9) read with 187 (3) is arbitrary to article 21 of constitution of India and hence ultra vires; Signature Not Verified W.P.(CRL) 3101/2024 Page 1 of 12 Digiltally Signed By:SREERAM L Signing Date:27.08.2025 12:55:54 b) directing that the powers granted with the usage of words “further investigation” under section 193(9) of BNSS, 2023, is not unlimited and the accused cannot be detained for more than the maximum amount of detention period as specified under section 187(3) of BNSS, 2023 if the chargesheet has been filed, he shall be released by virtue of default bail; c) Pass any such order as this Hon’ble Court may feel fit and proper in the facts and circumstances of the case.” 2. Heard the petitioner in person and the learned counsel representing the respondents. 3. It has been contended in support of the prayers made