$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7193/2025, CRL.M.A. 30201/2025, CRL.M.A. 35704/2025, CRL.M.A. 6324/2026 KIRIT PARMANAND BAGADIA ...Petitioner Through: Mr. Sameer Kumar, Mr. Dhananjay Singh, Mr. Kavesh Bidhuri, Mr. S. Soni and Mr. S. Anand, Advs. versus STATE OF NCT OF DELHI ...Respondent Through: Mr. Satish Kumar, APP for State with Ms. Divya Bakshi, Adv. Mr. Pramod Kumar Dubey, Sr. Adv. with Mr. Bibhuti Krishna, Mr. Aman Anand, Mr. Samarth Panwar, Mr. Yadish Arora, Mr. Pranteek Uniyal and Ms. Khushboo, Advs. for complainant alongwith complainant in person CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 29.07.2026 1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks setting aside of “Notice to Join Enquiry” dated 25.08.2025 issued to him from the Office of the SHO, PS: Hauz Khas in complaint received vide G.D. No.89A dated 25.07.2025 at PS: Hauz Khas. 2. Learned counsel for the petitioner primarily submits that the above complaint is not maintainable since there is no element of criminality disclosed therein, and a civil suit qua the very same factual matrix has 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 01/08/2026 at 10:53:55 already been instituted by the complainant against the petitioner, who is his nephew, which is pending adjudication before this Court. He, therefore, submits that the complainant is merely trying to give colour to, at best, a civil dispute between the parties. He also submits that the petitioner is 78 years old and suffering from numerous ailments since he underwent a major open heart surgery last year. 3. Learned senior counsel for the complainant, on the other hand, submits that the complaint involves serious economic offences which require enquiry. For this, he seeks to rely upon the decisions of the Hon’ble Supreme Court in Lalita Kumari vs. Govt. of U.P. & Ors.:(2014) 2 SCC 1 and reiterated in CBI & Anr. vs. Thommandru Hannah Vijayalakshmi @ T.H. & Anr.:(2021) 18 SCC 135. Further, relying upon the dicta of the Hon’ble Supreme Court in State of Haryana vs. Bhajan Lal:(1992) Supp (1) SCC 335, CBI vs. Tapan Kumar Singh:(2003) 6 SCC 175 and Neeharika Infrastructure Pvt. Ltd. Vs. State of Maharashtra:(2021) 19 SCC 401, he submits that the power to quash criminal proceedings ought not to be applied in the present case. 4. This Court has heard learned (senior) counsels for the parties as also the learned APP and perused the documents and pleadings on record. 5. A bare perusal of the records shows that the Notice dated 25.08.2025 issued to the petitioner is merely to join the enquiry. The same is reproduced hereunder:- “It is submitted that a complaint vide gd no 89A dated 25.07.25 has been received at PS Hauz Khas wherein complainant Mr. Adv Praveen H Parekh R/o B-99 Parekh Villa Niti Bagh. Levelled allegations of cheating, criminal breach of trust, Misappropriation of money against you. The 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 01/08/2026 at 10:53:55 allegations levelled upon you are serious in nature and detailed enquiry from you is required in the present complaint. You are hereby directed to produce/present yourself to the undersigned along at PS Hauz Khas within two days of receipt of this notice.... ... ...” 6. The aforesaid clearly reflects the said Notice is not, at the end of the day, a notice under any of the provisions of the BNSS. Moreover, it is an admitted fact that the petitioner has chosen to approach this Court directly by way of the present petition without giving any response thereto. The present petition is thus way too premature, whence the investigation therein has not even commenced as per Statute. Therefore, this Court need not to enter into the merits involved herein. 7. Considering the aforesaid, particularly, since the present stage is too nascent for this Court to interfere by exercising its jurisdiction under Section 528 BNSS, the present petition along with the pending applications is accordingly dismissed. SAURABH BANERJEE, J JULY 29, 2026/Ab 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 01/08/2026 at 10:53:55