HITESH KUMAR vs THE STATE NCT OF DELHI

Judgment text excerpt

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 27.04.2026 + CRL.M.C. 3211/2026, CRL.M.A. 13019/2026, 13020/2026 & 13018/2026 HITESH KUMAR .....Petitioner Through: Mr. Pritish Sabharwal, Advocate (through video conferencing) versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Nawal Kishore Jha, APP for State with Inspector Ashwani Kumar and SI Sunil Sihag. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner has assailed order dated 21.02.2026 of the learned Court of Sessions. It is contended by learned counsel for petitioner that the learned Court of Sessions exceeded its jurisdiction and directed further investigation into the offence. It is contended that while dealing with bail application of the petitioner, the learned Court of Sessions had no jurisdiction to exercise powers under Section 156(3) CrPC. It is further contended that on account of the impugned order, bail application of the petitioner would get adversely decided. CRL.M.C. 3211/2026 Page 1 of 3 pages Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, GIRISH 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, Signature Not Verified KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 5570996b40f80cbd2eee60402c487965ff80 1e26fa, cn=GIRISH KATHPALIA Digitally Signed Date: 2026.04.27 05:09:12 -07'00' By:RAHUL YADAV Signing Date:27.04.2026 17:41:37 2. Having examined the record, I am unable to accept the contentions of learned counsel for petitioner. 3. It is not that the learned Court of Sessions exercised any power under Section 156(3) CrPC and/or directed further investigation. 4. For a clear understanding, paragraph 23 of the impugned order, which according to l