$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010259812026 + CRL.REV.P.(NI) 219/2026, CRL.M.A. 17941/2026, CRL.M.(BAIL) 1151/2026 AJAY KAPOOR THROUGH PAROKAR .....Petitioner Through: Mr. Akash Arora, Mr. Savar Wahz and Mr. Varun Singh, Advs. versus PUSHPA DEVI KEJRIWAL THROUGH PAO SUSHIL KUMAR KEJRIWAL & ANR. .....Respondents Through: Mr. Kapil Midha, Mr. Hritik Sejwal, Ms. Vartika Gautam and Ms. Yadavi Malhotra, Advocates CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 04.08.2026 1. By virtue of the present petition under Section 438 read with Section 440 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks setting aside of the order dated 21.05.2026 (impugned order) passed by the learned ASJ-07, South-East District, Saket Courts, New Delhi (learned Sessions Court) in CA No.43/2026 entitled ‘Ajay Kapoor vs. Pushpa Devi’. 2. Though learned counsel for petitioner has made lengthy submissions herein, primarily upon the aspect of suspension of sentence of the petitioner, this Court finds that the appeal being CA No.43/2026 wherein the impugned order has been passed is still pending adjudication before the learned Sessions Court, and the impugned order is, in fact only 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 10/08/2026 at 11:23:23 an interlocutory order whereby the application seeking suspension of sentence filed by the petitioner has been rejected. Alas, in view of the express bar as contained in Section 438 BNSS1 as also the law clearly laid down time and again by the Hon’ble Supreme Court [Amar Nath & Ors. vs. State of Haryana & Anr. : (1997) 4 SCC 137; Girish Kumar Suneja vs. CBI:(2018) 1 SCC (Cri) 202], the present revision petition is not maintainable in the eyes of law. 3. Accordingly, the present petition, alongwith the pending applications, is dismissed. SAURABH BANERJEE, J AUGUST 4, 2026/So 1 Section 438. Calling for records to exercise powers of revision(2) The powers of revision conferred by sub-section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. 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 10/08/2026 at 11:23:23