W.P.(CRL) 1656/2026 1 $~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1656/2026 & CRL.M.A. 16606/2026 & CRL.M.A. 16607/2026 KALASH PANDEY & ANR. .....Petitioner Through: Mr. Vishal Rai, Ms. Radhika Rai, Mr. Rishikesh Yadav and Mr. Kalash Pandey, Advocates. versus THE STATE GOVT OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Rahul Tyagi, ASC (Crl) with Ms. Priya Rai, Mr. Sangeet Sibou, Mr. Aniket Kumar Singh and Mr. Priyansh Raj Singh, Advocates. SI Somvir Singh. CORAM: HON'BLE MR. JUSTICE MANOJ JAIN O R D E R % 02.07.2026 1. The petitioners have been prosecuted for traffic violation as vehicle in question was driven without there being Pollution Under Control Certificate (PUCC). 2. The grievance of the petitioners is to the effect that both the driver as well as the owner of the vehicle in question have been prosecuted whereas as per the statutory provision i.e. Section 190(2) of the Motor Vehicle Act, 1988, either of them could have been prosecuted. 3. His such contention was rejected by the learned Magisterial Court vide order dated 28.04.2026 and such order has been challenged by filing a writ 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 06/07/2026 at 10:35:48 W.P.(CRL) 1656/2026 2 petition before this Court. 4. Learned Additional Standing Counsel for the State appears on advance notice and submits that statutory remedy of filing a revision petition is available to the petitioners and, therefore, they should not have rushed to this Court directly, instead of filing a revision petition before Court of Sessions. 5. After hearing some arguments, learned counsel for the petitioners, without prejudice to their rights and contentions, seeks to withdraw the present petition with liberty to file appropriate revision petition before the Court of Sessions. 6. The present petition is disposed of as not pressed. 7. Liberty, as prayed, is granted. 8. All rights and contentions of the petitioners are hereby reserved. MANOJ JAIN, J JULY 2, 2026/ss/sk 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 06/07/2026 at 10:35:48