CRL.REV.P. 437/2026 $~96 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010340332026 + CRL.REV.P. 437/2026 ANKIT .....Petitioner Through: Mr. S.G. Goswami, Mr. P. Veer Singh, Advocates. versus THE STATE OF NCT DELHI .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP. SI Parmendra Singh, PS-Karawal Nagar. CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R % 30.07.2026 CRL.M.A. 22640/2026 (for exemption) Exemption allowed, subject to all just exceptions. The application stands disposed of. CRL.REV.P. 437/2026 & CRL.M.A. 22641/2026 (stay) 1. By way of the present petition under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks setting aside and recall of the order dated 25.04.2026 passed by the learned Sessions Court in proceedings arising out of FIR No. 508/2017 dated 03.10.2017, registered at Police Station Karawal Nagar, Delhi, under Sections 307 and 34 of the Indian Penal Code, 1860 [“IPC”], whereby the application seeking the addition of a charge under Section 376 of the IPC was allowed. 2. After some hearing, Mr. P. Veer Singh, learned counsel for 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 10:56:32 CRL.REV.P. 437/2026 petitioner, seeks permission to withdraw the present petition without prejudice to the petitioner’s rights and contentions before the learned Trial Court in relation to the newly framed charge under Section 376 of the Indian Penal Code, 1860 [“IPC”]. Mr. Singh further submits that the petitioner also reserves the right to make a statement under Section 313 of the Code of Criminal Procedure, 1973 [“CrPC”], and to lead defence evidence in relation to the aforesaid charge, in accordance with law. 3. The petition, alongwith pending application, is accordingly, dismissed as withdrawn, in terms of the aforesaid submission. 4. It is clarified that notice has not been issued to the complainant, and all rights and contentions available to the parties are kept open. The learned Trial Court may proceed in accordance with law. 5. It is, further, clarified that this Court has not expressed any opinion on the merits of the case or on any application that may be filed by the petitioner hereafter, which shall be considered by the appropriate Court on its own merits, in accordance with law. PRATEEK JALAN, J JULY 30, 2026 ‘B’/SD/ 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 10:56:32