$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1542/2025 and Crl.M.A. No. 14340/2025 AARTI .....Petitioner Through: Mr. Mir Akhtar Hussain and Ms. Sonia Waswani, Advocates versus ADDL D.C.P. DWARKA DISTRICT AND ANR......Respondents Through: Ms. Rupali Bandopadhyay, ASC for State with SI Abhishek Rana and ASI Jai Bhagwan, PS Dwarka (South) CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R % 08.05.2025 1. Issue notice. Ms. Rupali Bandopadhyay, ASC for State, accepts notice. Considering the nature of relief sought, no reply is deemed necessary, and with the consent of parties the petition is decided at the stage of admission itself. 2. The present petition filed under Article 226 of the Constitution of India, 1950 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023,1 (formerly Section 482 of the Code of Criminal Procedure, 19732) 1 “BNSS” 2 “Cr.P.C.” 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 02/07/2025 at 00:44:40 assails notice dated 4th April, 2025,3 issued by the Additional Deputy Commissioner of Police, Dwarka under Section 50 of the Delhi Police Act, 19784 and the consequent externment proceedings initiated against the Petitioner under Section 47 of the Act. 3. Mr. Mir Akhtar Hussain, counsel for Petitioner submits that the preconditions required for initiating action under Section 47 of the Act are not satisfied in the present case. It is argued that the impugned notice lacks jurisdiction and is liable to be set aside as it is premised on proceedings arising from FIR Nos. 320/2022, 246/2022, 393/2024, and 26/2025, all registered under Section 33 of the Act at P.S. Dwarka South. He points out that the Petitioner has already been acquitted in FIR No. 246/2022 and no chargesheets have been filed against him in FIR Nos. 393/2024 and 26/2025. The only pending prosecution is in FIR No. 320/2022, which was registered nearly 21 months prior to the issuance of the impugned notice. It is contended that a single pending case under the Excise Act, with no recent involvement in similar offences, is insufficient to invoke Section 47 of the Act. Reliance is placed on Prem Chand v. Union of India5 and Mohd. Aslam v. Delhi Administration Through Commissioner of Police and Others.6 4. On the other hand, Ms. Rupali Bandopadhyay, ASC for the State, contends that an acquittal in a criminal case does not bar externment proceedings under Section 47 of the Act and places reliance on the judgment 3 “the impugned notice” 4 “the Act” 5 1981 Cri L J Page 5 6 29 (1986) DLT 437 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 02/07/2025 at 00:44:40 in Kaushalya v. State.7 She further submits that the Petitioner had previously been externed by order dated 15th March, 2021, for a period of six months, which indicates a pattern of conduct. It is emphasized that the present petition is premature as the Petitioner will have a full opportunity to submit an explanation/ reply to the impugned notice. 5. Having considered the afore-noted, this Court is of the view that interference at this stage is unwarranted. The proceedings are at a nascent stage, and no final decision adversely affecting the Petitioner has yet been taken. Thus, entertaining a challenge at this juncture would amount to pre- empting the statutory process and the Court is not incline to entertain the present petition. 6. Accordingly, the present petition is dismissed with liberty to the Petitioner to urge all the grounds as available in law before the Respondent No. 1, which shall be duly considered by the authority, on its own merits, in accordance with law. 7. All rights and contentions of the parties are kept open. SANJEEV NARULA, J MAY 8, 2025/SV 7 1987 SCC OnLine Del 265 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 02/07/2025 at 00:44:40