PRABH DAWER vs STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06th January, 2026 + W.P.(CRL) 32/2026 &CRL.M.A. 249/2026 PRABH DAWER .....Petitioner Through: Mr. Abhishek Baisoya, Advocate versus STATE NCT OF DELHI AND ANR .....Respondents Through: Mr.Yasir Rauf Ansari, ASC along with respondent with SI Vinay. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present petition has been filed under Article 226 of Constitution of India read with Section 526 BNSS, seeking quashing of proceedings arising out of FIR No. 492/2025 dated 28.09.2025 registered under Sections 304(2) and 3(5) BNS, at P.S: Lajpat Nagar, along with all proceedings emanating therefrom. 2. The aforesaid FIR came to be registered on the complaint of Mr. Avik Gupta, who was working as ‘Billing Executive’ at a mobile shop known as “Mobile Hub”. 3. As per the allegations appearing in the FIR, the accused, posing as a customer, visited the said shop to buy Apple watch, air pods and adapter. 4. The accused, initially, expressed his willingness to make the payment through credit card. However, when payment through card could not be processed, he requested the complainant to step outside the shop so that he can make payment in cash. 5. When the complainant, acceding to the said request, came out, the accused, instead of making any payment, snatched all the articles from the Signature Not Verified Digitally Signed W.P.(CRL) 32/2026 1 By:SONIA THAPLIYAL Signing Date:07.01.2026 17:07:42 hands of the complainant and fled from the spot. 6. As per the initial allegations, it seems that there was complicity of more than one person, however, in his supplementary statement made to the police on a later date, complainant clarified that there was no other accomplice. 7. The petitioner herein has alr