ANIL KHURANA vs GOVT. OF NCT OF DELHI & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on:29.10.2025 Judgment delivered on:19.01.2026 + CRL.M.C. 4105/2025 & CRL.M.A. 17787/2025, CRL.M.A. 26097/2025 ANIL KHURANA ..... Petitioner versus GOVT. OF NCT OF DELHI & ANR. ..... Respondents Advocates who appeared in this case: For the Petitioner : Mr. Saurabh Jha and Ms. Ragini Kapoor, Advocates. For the Respondents : Mr. Sunil Kumar Gautam, APP for the State. Mr. Gautam Khazanchi and Ms. Suruchi Jaiswal, Advocates for R-2. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed against the order dated 24.05.2024 (hereafter ‘impugned order’) passed by the learned Additional Signature Not Verified Signed By:SANJAY KUMAR CRL.M.C. 4105/2025 Page 1 of 17 Signing Date:19.01.2026 19:54:26 Sessions Judge (‘ASJ’), Saket Courts, Delhi in Criminal Revision No. 143/2023. 2. By the impugned order, the learned ASJ set aside the order dated 25.11.2022 whereby the learned Magistrate while noting that prima facie there existed sufficient grounds to proceed for the offence under Section 500 of the Indian Penal Code, 1860 (‘IPC’) had summoned Respondent No. 2. 3. Concisely put, the petitioner and Respondent No. 2 are stated to be brothers and the petitioner, stated to be a citizen of USA, used to reside on the ground floor of H. No. 10/21, East Patel Nagar, Delhi whenever he visited India for holidays. On 05.07.2007, FIR No. 388/2007 was registered at Police Station Patel Nagar for offences under Sections 341/323 of the IPC against the petitioner on a complaint given by Respondent No. 2 whereby it was alleged that the petitioner physically assaulted Respondent No. 2 over a dispute pertaining to the staircase in the house. It was further alleged that the petitioner gave multiple blows and kicks to Res