SUBHASH PAHWA @ SUBHASH CHANDER vs STATE OFNCT OF DELHI AND ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 21th August, 2025 Pronounced on: 28th October, 2025 W.P.(CRL) 3143/2023 SUBHASH PAHWA @ SUBHASH CHANDER .....Petitioner Through: Mr. Aman Gaur and Mr. Kumar Balram, Advocates. versus STATE OF NCT OF DELHI AND ORS. .....Respondents Through: Mr. Sanjeev Bhandari, ASC for State with Mr. Arjit Sharma and Ms. Sakshi Jha, Advocates. Mr. Vinay Kumar, SI, PS-Vasant Kunj North. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, 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 (corresponding to Section 482 of the Code of Criminal Procedure, 1973 2) arises out of a prosecution pertaining to a robbery involving an ‘Ertiga’ vehicle. The Petitioner seeks two distinct, though interrelated, reliefs. The primary relief is for quashing of CC No. 49189/2016 titled State v. Sandeep 1 “BNSS” 2 “CrPC” 2. The factual matrix, in brief, is as follows: 2.1. FIR No. 306/2012 was registered on 5th November, 2012 at P.S. Vasant Kunj (North), Delhi, for offences under Sections 365, 392, 397, 506 and 34 of the Indian Penal Code, 18603. Subsequentl