DR. BALA DUTT SHARMA v. THE STATE NCT OF DELHI AND ORS.
W.P.(CRL)/301/2026 · 2026-08-11
Purushaindra Kumar Kaurav
Writ Petition (Criminal)body2026
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[ 2026 DAILYLAW 14227 (DEL) · dailylaw.ai ]
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[ 2026 DAILYLAW 14227 (DEL) · dailylaw.ai ]
Judgment text
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$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010026952026 + W.P.(CRL) 301/2026 DR. BALA DUTT SHARMA .....Petitioner Through: Mr. Vijaneshwar Bhargawa, Advocates. versus THE STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Yasir Rauf Ansari, ASC with Mr. Alok Sharma and Mr. Pavitra Dixit, Advocates. Mr. Manish Bhadauria, Advocates for R-4 to 5.
CORAM:
HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R %
11.08.2026
1. The petition is for the following reliefs:
“a) Issue a writ and order in the nature of Mandamus directing Respondent No. l to forthwith register an FIR against Respondent Nos. 2 to 7 for the offences punishable under Sections I I 0, 115(2), 109, 310(2), 118(2), 352 and 351(2)(3) of the Bharatiya Nyay Sanhita, 2023 and to conduct a fair, proper and impartial investigation strictly in accordance with law; b) Quash and set aside the impugned orders dated 13/1/2025 passed by the learned JMFC and order dated 04/11/2025 passed by the learned Sessions Court on the Petitioner's application W1der Section 175(3) and the consequent revision petition;”
2. As was directed by the earlier order, the status report has been filed by 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 13/08/2026 at 11:46:20
the respondent-State and in paragraph nos. 9 to 13 following position has been taken. “9. That, Dr Bala Dutt Sharma made a complaint before SHOIJyoti Nagar dated 15.05.2024 and before the other Senior Officers alleging regarding old incident of assault by the respondent Narayan Seth and his associate on 08.12.2011. He also alleged that on 14.05.2024 at about 11:30 PM when he came back from his Dispensary to his home, then Narayan Seth and one other unknown Sikh person threatened to kill him. The complaint was assigned to ASI Rajvir Singh No. 2945-D for enquiry. During enquiry it is found that his allegation was related to old incident and regarding incident of threatening to kill a NCR vide NCR No. 00554/2024 Dated 03.10.2024 Dis 506/34 IPC has been lodged at PS Jyoti Nagar. 10. Thereafter, on 11.09.2024, present petitioner approached the Hon'ble Court and filed complaint Dis 175(3) BNSS. That, on 13.01.2025, Hon'ble Court of Sh. Rahu1 Saini, Ld. JMFC-08, Shahdara Distt . KKD Courts, Delhi vide its order dated 13.01.2025dismissed the application U/s 175(3) BNSS and issued notice to the alleged accused persons U/s 200 CrPC for 24.03.2 025. 11. That, on 16.04.2025 petitioner Dr Bala Dutt Sharma approached the Sess ion Court and filed Criminal Revision No. 73/2025 aga inst the impugned order dated 13.01.2025 passed by Sh. Rahul Saini, Ld.
JMFC- 08/SHD/KKD Courts, Delhi whereby it dismi ssed the application U/s 175(3) BNSS and issued notice to the alleged persons U/s 200 CrPC. 12. That, on 04.11.2025, Ld. Session Court did not find any illegality, incorrectness or impropriety in the impugned order dated 13.01.2025 passed by the Ld. Trial Court. The revision petition has been dismissed by the court of Sh. Kumar Raj at, Ld ASJ07/ SHD/KKD Court, Delhi vide its
order dated 04.11 .2025and directed that complainant may lead the pre- summoning evidence as directed in the impugned order Dis 200 CrPC.
13. Thereafter, petitioner approached this Hon'ble Court and filed the present petition with prayer for directing the State to register an FIR against respondent No.2 to 7 and quash and set aside the impugned order passed by the Ld JMFC and the Ld. Session Court on the petitioner's application Dis 175(3) BNSS and the consequent revision petition.”
3. It is, thus, seen that the complaint at the instance of the petitioner is still pending and subject to adducing the evidence whether oral or documentary, the concerned Court will have to take it to the logical 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 13/08/2026 at 11:46:20
conclusion. The petitioner’s requests for lodging of the FIR under Section 156(3) of the Code of Criminal Procedure, 1978 (CrPC) has been rejected by the concerned Court vide order dated 13.01.2025 and even the revision thereof has also been dismissed by the Revisional Court vide order dated
04.11.2025.
4. In view thereof, no interference, at this stage, is called for in exercise of Article 226 of the Constitution of India and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and, therefore, the petition stands
disposed of.
5. Accordingly, all rights and contentions of the parties are left open.
PURUSHAINDRA KUMAR KAURAV, J AUGUST 11, 2026 aks 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 13/08/2026 at 11:46:20