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2026 DAILYLAW 11314 (DEL)

SMT SARITA MALGURIA v. STATE OF NCT OF DELHI & ORS.

CRL.M.C./4609/2026 · 2026-07-07

Purushaindra Kumar Kaurav

body2026

Judgment text

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$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4609/2026 and CRL.M.A. 19185/2026 SMT SARITA MALGURIA .....Petitioner Through: Mr. Akshat Vachher and Mr.Kul Anand, Advocates. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Ajay Vikram Singh, APP for State. Mr. Sudershan Rajan, Mr. Nischay Chaudhary, Mr. Akshansh, Mr. Upmanyu Chikara, Advocates for complainant. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 07.07.2026 CRL.M.A. 19186/2026 (for exemption) 1. Exemption allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.C. 4609/2026 and CRL.M.A. 19185/2026 1. The petitioner earlier approached this Court in CRL M.C.8853/2025 seeking quashment of the FIR. The Court vide order dated 11.12.2025 in paragraph no. 5 of the said decision has issued the following directions:- “5. Having considered the submissions, the following directions are issued: (i) The Petitioner shall join the investigation and appear before the Investigating Officer as and when duly notified. 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 09/07/2026 at 10:46:00 (ii) The statement of the APP is taken on record. In the event that any adverse action is contemplated against the Petitioner, due notice shall be issued to him, keeping in view that the FIR presently discloses only an offence under Section 406 IPC. (iii) The Petitioner shall be at liberty to furnish all relevant documents to the Investigating Officer, if so advised. (iv) The Petitioner shall be at liberty to avail appropriate remedies in the event the investigation culminates in any action adverse to him. All rights and contentions of the parties are left open.” 2. Learned counsel appearing on behalf of the petitioner then contends that the petitioner had joined the investigation; and was also enlarged on anticipatory bail and at this stage, he seeks to revive his prayer for quashment of the FIR. 3. The Court, however, finds that in terms of directions already contained in paragraph no.5 of order dated 11.12.2025, this is not the appropriate stage where the applicant can be permitted to seek the same remedy which was denied vide the said order. Liberty was granted to the petitioner to avail appropriate remedy in event the investigation culminates in any action adverse to him. If after filing of the charge sheet, charges are framed against the petitioner, it is at that stage, the petitioner may probably take appropriate remedy. 4. In view of the said position, the instant petition along with the pending application stands disposed of. PURUSHAINDRA KUMAR KAURAV, J JULY 7, 2026 Nc 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 09/07/2026 at 10:46:00