DINESH SINGH PATHANIA v. STATE(NCT OF DELHI) & ANR
CRL.REV.P./373/2026 · 2026-07-06
Madhu Jain
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11336 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11336 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 373/2026 & CRL.M.A. 19077/2026, CRL.M.A. 19078/2026 DINESH SINGH PATHANIA .....Petitioner Through: Ms. Shivani Kant, Revisionist. versus STATE(NCT OF DELHI) & ANR .....Respondents Through: Mr. Manoj Pant, APP with SI Prachi.
CORAM:
HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 06.07.2026
1. This hearing has been done through hybrid mode.
2. The present Criminal Revision has been filed under Section 438 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the 'BNSS') (corresponding to Sections 397/482 Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’)) challenging the order dated 13.02.2026 passed by the learned ASJ (SC-RC)- 02, East District, Karkardooma Courts, Delhi in SC No. 1188/2019 tiled State v. Dinesh Singh Pathania arising out of FIR No. 147/2018 registered at Police Station Mayur Vihar under Section 376 of the Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'), whereby the learned Trial Court disposed of the revisionist's application raising objections to the supplementary chargesheet/FSL report as well as the application filed by the concerned IO/SHO seeking to send the revisionist's mobile phone to the Forensic Science 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 10:47:06
Laboratory (hereinafter referred to as ‘FSL’) for retrieval of the WhatsApp communications exchanged between the prosecutrix and the revisionist.
3. Issue notice.
4. Learned APP for the State accepts notice and submits that as per the FSL report dated 24.01.2025, all data capable of being extracted from the revisionist's mobile phone has already been retrieved, relevant portion of the same has been reproduced hereinbelow:
5. Heard learned counsel for the parties and perused the record.
6. The FSL has already extracted whatever data could be retrieved from 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 10:47:06
the mobile phone of the revisionist. The WhatsApp chats, SMSs and other available data have already been extracted and supplied in a pen drive. In these circumstances, directing the mobile phone to be sent again for further forensic examination would only result in unnecessary delay in the trial and would make a mockery of the administration of justice.
7. Accordingly, no ground is made out to interfere with the impugned
order.
8. The revision petition is, accordingly, dismissed.
9. Pending application (s) if any, also stands dismissed.
10. The order be uploaded on the website forthwith.
MADHU JAIN, J.
JULY 6, 2026/JYH/AV 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 10:47:06