MOHD TAZEEM vs STATE OF NCT OF DELHI & ORS.

Judgment text excerpt

$~78 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 28.07.2025 + W.P.(CRL) 2214/2024, CRL.M.A. 21651/2024 & CRL.M.A. 21649/2024 MOHD TAZEEM .....Petitioner Through: Mr. Shahzeb Ahmed, Advocate (through videoconferencing). versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: None for R-1 & 3. SI Akashdeep, PS Jamia Nagar. Mr. Sharique Hussain, Advocate for R-2. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioner has assailed order dated 04.12.2023 passed by the learned Trial Magistrate in case titled ‘State vs. Mohd. Tazeem’. None is present for State (respondent no.1) and MCD (respondent no.3). I have heard learned counsel for petitioner and learned counsel for BSES RPL (respondent no.2). 2. It appears that on the allegation of an unauthorized construction activity on 4th floor of the subject premises, prosecution was commenced against the present petitioner, in the course whereof the learned Trial Magistrate passed the impugned order. It would be apposite to extract the impugned order, which is as follows: “JLO submits that according to the report the property was found W.P.(CRL) 2214/2024 Page 1 of 3 pages Digitally signed by GIRISH GIRISH KATHPALIA Date: KATHPALIA Signature Not Verified 2025.07.28 17:51:17 +05'30' Digitally Signed By:NEETU N NAIR Signing Date:28.07.2025 17:53:52 locked so it could not be determined whether electricity and water supply connection have been disconnected on the said property or not. He submits that notice have been issued to the Vice President, BSES and ACE (M)-11 South Delhi Jal Board requesting to disconnect the water and electricity supply. He has supplied copy of the same. The same is taken on record. Issue notice to Sh. Subhash Chand Gaur , Assitant Vice President VRBP BSES Sub Station B