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2023 DAILYLAW 6901 (DEL)

RAJ KISHORE RAI v. STATE NCT OF DELHI & ANR.

CRL.M.C./4261/2023 · 2026-05-05

Manoj Jain

body2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL.M.C. 4260/2023 & CRL.M.C. 4261/2023 1 $~25 & 26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4260/2023 & CRL.M.A. 15998/2023 SH RAJ KISHOR RAI .....Petitioner Through: Mr. M.S. Khan, Advocate (Through VC) versus THE STATE (N.C.T.) DELHI, & ORS. .....Respondents Through: Mr. Sunil Kumar Gautam, APP for State/R-1 with SI Sunny Khatri, PS Aman Vihar and Ms. Pragya Parijat Singh, Mr. Lakshay Saini and Ms. Jayita Verma, Advocates for R-2 (Through VC) + CRL.M.C. 4261/2023 & CRL.M.A. 16000/2023 RAJ KISHORE RAI .....Petitioner Through: Mr. M.S. Khan, Advocate (Through VC) versus STATE NCT OF DELHI & ANR. .....Respondent Through: Mr. Sunil Kumar Gautam, APP for State/R-1 Ms. Pragya Parijat Singh, Mr. Lakshay Saini and Ms. Jayita Verma, Advocates for R-2 (Through VC) CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 05.05.2026 1. Both the petitions being connected have been taken up together. 2. Dispute is essentially within the family and when the petitioner had This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2026 at 12:07:31 CRL.M.C. 4260/2023 & CRL.M.C. 4261/2023 2 filed separate complaints and also prayed for investigation under Section 156(3) Cr.P.C., his such applications were dismissed by the concerned Magisterial Court. 3. He challenged aforesaid orders by filing separate revision petitions and his such revision petitions were dismissed by the learned Sessions Court vide order dated 30.09.2022. 4. These orders are under challenge. 5. Mr. M.S. Khan, learned counsel for petitioner does admit that though the request for investigation and registration of FIR has been declined, petitioner has been granted opportunity to lead pre-summoning evidence. 6. After hearing arguments for some and without prejudice to his rights and contentions, Mr. M.S. Khan, learned counsel for petitioner seeks to withdraw the present petitions with liberty to lead pre-summoning evidence in relation to his said two complaints. 7. In view of the above, both the aforesaid petitions are disposed of as not pressed. 8. All rights and contentions of the parties are reserved. 9. Needless to say, the petitioner is always at liberty to summon his witnesses for the purposes of leading pre-summoning evidence and it will be entirely upto the learned Trial Court to take appropriate decision in the matter, after the pre-summoning evidence is led. 10. Pending applications also stand disposed of in aforesaid terms. MANOJ JAIN, J MAY 5, 2026/dr/sy This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/05/2026 at 12:07:31