NORTHERN RAILWAY THR. GYANENDRA RPATAP SINGH vs MUNICIPAL CORPORATION OF DELHI & ANR.

Judgment text excerpt

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 24th February, 2026 + CRL.M.C. 1525/2026& CRL.M.A. 6169/2026& CRL.M.A. 6170/2026 & CRL.M.A. 6171/2026 NORTHERN RAILWAY THR. GYANENDRA RPATAP SINGH .....Petitioner Through: Mr. Ranjeev Khatana, SPC with Mr. Varun Rajpal, Mr. Arjav Sethi, Advocates. with Mr. Shivraj Meena (CLA). versus MUNICIPAL CORPORATION OF DELHI & ANR......Respondent Through: Mr. Kapil Dutta, Advocate for MCD. Mr. Anuj Chaturvedi with Ms. Richa Dhawan, Ms. Yashita Jain, Advocates. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The prayer in the present petition is limited and concise. 2. Petitioner seeks quashing of summons issued on 18.02.2026. 3. A challan for violation of provisions of Sections 357 and 397 of Delhi Municipal Corporation Act, 1957 was filed. According to Municipal Corporation of Delhi (MCD), it, during inspection, noted nuisance/insanitation and, therefore, action was initiated against one Mr. Dinesh Kumar, Senior Engineer, Northern Railways. 4. The abovesaid challan was, accordingly, submitted before the concerned Court of Special Judicial Magistrate, CSP Zone. 5. The grievance of the petitioner i.e. Northern Railway is, merely, to the effect that on various previous occasions also, several officers of Railways Signature Not Verified CRL.M.C. 1525/2026 1 Digitally Signed By:SONIA THAPLIYAL Signing Date:24.02.2026 19:29:47 had appeared before the abovesaid Court and assissted the Court. However, for totally inexplicable reasons, learned Magistrate went on to hold that the presence of DRM, being the Head of the Railways, was mandatory and, therefore, it has directed him to appear so that the matter can be finally resolved. When an application was moved by the concerned DRM seeking permanent exemption