$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3706/2025 SHRI SANATAN DHARAM SABHA .....Petitioner Through: Mr. Shiv Charan Garg, Mr. Imran Khan and Ms. Jahanvi Garg, Advs. versus THE STATE GOVT OF NCT & ORS. .....Respondents Through: Mr. Amol Sinha, ASC with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mrs. Chavi Lazarus, Mr. Nitish Dhawan, Advs. SI Inderjeet Yadav PS Vikas Puri. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 29.07.2026 1. Mr. Shiv Charan Garg, learned counsel for the petitioner, upon being confronted with the query as to why a writ petition ought to be entertained when there is an alternate efficacious remedy to challenge the impugned order before the revisional authority, contends that Constitutional Courts are not denuded from exercising their powers under the Constitution of India. He has also cited the decision of the Supreme Court in Ashwini Kumar Upadhyay vs. Union of India and Ors.1 2. The Court has considered the submissions made by the petitioner and has arrived at the conclusion that the inherent power of the High Court as 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 11:40:15 contained in Section 482 of the Code of Civil Procedure, 1973 (Cr.P.C.) read with Article 226 of the Constitution of India are to be exercised sparingly and in cases where an efficacious alternate remedy are available, the Court should relegate the parties to avail the same. 3. In this connection reliance may be placed on Mohit alias Sonu and Anr. v. State of UP and Anr.,2 the material portion of which reads as under: “22. In our considered opinion, the complainant ought to have challenged the order before the High Court in revision under Section 397 of Cr.P.C. and not by invoking inherent jurisdiction of the High Court under Section 482 of Cr.P.C. Maybe, in order to circumvent the provisions contained in sub-section (2) of Section 397 or Section 401, the complainant moved the High Court under Section 482 of Cr.P.C. In the event a criminal revision had been filed against the order of the Sessions Judge passed under Section 319 of Cr.P.C., the High Court before passing the order would have given notice and opportunity of hearing to the appellants. 23. So far as the inherent power of the High Court as contained in Section 482 of Cr.P.C. is concerned, the law in this regard is set at rest by this Court in a catena of decisions. However, we would like to reiterate that when an order, not interlocutory in nature, can be assailed in the High Court in revisional jurisdiction, then there should be a bar in invoking the inherent jurisdiction of the High Court. In other words, inherent power of the Court can be exercised when there is no remedy provided in the Code of Criminal Procedure for redressal of the grievance. It is well settled that inherent power of the court can ordinarily be exercised when there is no express provision in the Code under which order impugned can be challenged.” 4. Bearing in mind the overall facts and circumstances of the case where the application under Section 156(3) of the Cr.P.C. came to be rejected by the learned Magistrate, and further because the present matter requires an adjudication on facts, the Court finds that it would be appropriate for the petitioner to avail the alternate remedy of filing a revision before the Revisional Court. 1 2026 SCC OnLine SC 741. 2 Crl. Appl. No. 814/2013, order dt. 01.07.2013. 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 11:40:15 5. The Court, thus, declines to invoke Article 226 of the Constitution of India/Section 482 of the Cr.P.C. 6. Accordingly, the petitioner shall be at liberty to raise all issues before the Revisional Court. 7. In view of above, the petition stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 29, 2026 Ab/ksr 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 11:40:15