BACHITTAR SINGH vs STATE OF NCT OF DELHI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 29.01.2025 + CRL.M.C. 240/2025 BACHITTAR SINGH .....Petitioner Through: Mr. Archit Upadhyay, Advocate versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Rajkumar, APP for the State along with SI Himanshu Kumar Dubey, PS Amar Colony. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. CRL.M.A. 1230/2025 (Exemption) 1. Allowed, subject to all just exceptions. 2. The application is disposed of. CRL.M.C. 240/2025 3. By way of this petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter ‘BNSS’], the petitioner seeks setting aside of order dated 05.10.2024 [hereafter „impugned order‟] passed by the learned Additional Sessions Judge, South East District, Saket Courts, New Delhi [hereafter „Sessions Signature Not Verified CRL.M.C.240/2025 Page 1 of 19 Digitally Signed By:AANCHAL TAGGAR Signing Date:30.01.2025 20:03:18 Court‟] in Crl. Rev. No.496/2024 titled „Bachhitar Singh v. State and Ors‟. By way of the impugned order, the learned Sessions Court was pleased to dismiss the revision petition filed by the petitioner, and uphold the order passed by the learned Metropolitan Magistrate-12, South East, Saket, Delhi [hereafter „Magistrate‟] wherein the learned Magistrate had dismissed the complaint filed by the petitioner, under Section 203 of Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟] as well as for non-prosecution. 4. Issue notice. The learned APP accepts notice on behalf of the State. 5. Briefly stated, the facts of the case are that on 27.02.2018, the petitioner had been repairing the roof of his house along with his wife when respondent no. 2, accompanied by two unidentified persons, had come to the roof of the adjoin