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2025 DAILYLAW 26036 (DEL)

KARAN MOOLCHANDANI v. THE STATE OF NCT OF DELHI AND ANR.

CRL.M.C./5159/2025 · 2025-08-01

Ravinder Dudeja

body2025

Judgment text

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$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5159/2025 KARAN MOOLCHANDANI .....Petitioner Through: Mr. N. Hariharan, Sr. Adv. with Mr. Siddharth Yadav, Mr. Rahul Sambaher, Mr. Ayush Kr. Singh, Ms. Kashish Ahuja, Ms. Rekha Punya Angara, Mr. Arjan Mandla, Mr. Amar Akhtar, Ms. Vasundhra N. Ms. Sana Singh, Mr. Abhikalp Pratap Singh, Ms. Vasundhra Raj Tyagi, Mr. Siddharth Garg, Ms. Sneha Bakshiram and Mr. Rahul Yadav, Advs. versus THE STATE OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Hitesh Vali, APP for the State with SI Nivedita, P.S.Naraina. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 04.09.2025 CRL.M.A. 26599/2025 (modification of condition imposed on judgement dt. 01.08.2025 1. The present application has been filed under Section 528 BNSS, 2023 (Section 482 CrPC) seeking modification of condition imposed by order dated 01.08.2025 while quashing FIR No. 252/2022, P.S. Naraina, under Sections 354A, 354D, 354, 509, 506 IPC and all proceedings arising therefrom. 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 08/09/2025 at 11:54:19 2. Learned Senior Counsel appearing on behalf of the petitioner submits that this Court, vide judgment dated 01.08.2025, while quashing FIR No. 252/2022 registered against the petitioner, had imposed a condition requiring him to perform community service at Lok Nayak Jai Prakash Narayan Hospital, Delhi, on every Sunday for a period of six months. It is further submitted that the petitioner is suffering from multiple serious ailments including seizure disorders, meningoencephalitis, spinal problems, diabetes, hyperthyroidism and poor lipid profile. Furthermore, he was hospitalized at Moolchand and Gangaram Hospitals during April to May 2025, underwent MRI and blood tests confirming his deteriorating health, and that on 23.08.2025, Dr. Anshu Rohatgi advised him to remain under close medical observation and to refrain from any physical or mental exertion. Learned counsel submits that the condition requiring the petitioner to perform community service at LNJP Hospital imposed vide judgment dated 01.08.2025 may be modified. 3. Learned APP appearing for the state opposes the application stating that the petitioner even though being unfit will only have to go to the hospital to render services only on Sundays. 4. After considering the submissions advanced by learned senior counsel and the learned APP for the state and upon careful perusal of the medical records placed on record, this Court is satisfied that the petitioner is indeed suffering from multiple ailments which substantially restrict his physical capacity to undertake strenuous activity at the hospital. The medical reports demonstrate that the petitioner has been diagnosed with multiple ailments including seizure disorders, meningoencephalitis, spinal complications, diabetes, and other conditions requiring strict medical supervision. In these circumstances, the condition imposed in the judgment dated 01.08.2025 requiring the petitioner to perform community service at Lok Nayak Jai 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 08/09/2025 at 11:54:19 Prakash Narayan Hospital, Delhi, may not be advisable. However, the Court is equally conscious of the need for the petitioner to contribute positively to society in fulfilment of the spirit underlying the earlier direction. Thus, while considering the balance between the petitioner’s health and the need for community service, this Court deems it appropriate to modify the earlier order. 5. Accordingly, the judgement dated 01.08.2025 vide which the impugned FIR was quashed, is modified only to the extent that the petitioner shall render voluntary service by assisting the elderly at Mother Teresa Home, Jangpura Road, Block-C, Bhogal, Delhi-110014 on every Sunday at 10.30 AM for 6 hours for the next 6 months. Such service would not entail the kind of physical and mental strain that hospital work would demand yet would still ensure meaningful public service to the community. 6. The petitioner shall coordinate with the management of the said institution to carry out this responsibility in a dignified and consistent manner. 7. Compliance report of the said service shall be filed before this Court through affidavit at periodic intervals. 8. The application stands accordingly disposed of. RAVINDER DUDEJA, J SEPTEMBER 4, 2025/na 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 08/09/2025 at 11:54:19