SALEEM PARRAY @ RAJU v. STATE OF NCT OF DELHI & ANR.
CRL.M.C./5873/2026 · 2026-08-12
Saurabh Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 15775 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 15775 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~79 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010370092026 + CRL.M.C. 5873/2026, CRL.M.A. 24506/2026
SALEEM PARRAY @ RAJU
.....Petitioner
Through: Mr. Dilwar H. Barlaskar, Adv. versus
STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Satish Kumar, APP with Ms. Upasna Bakshi, Ms. Divya Bakshi and Mr. Aditya Vikram Singh, Advocates
SI Roveine H, PS.: Malviya Nagar
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
O R D E R %
12.08.2026
1. By virtue of the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of FIR No.88/2026 dated 14.03.2026 registered at PS: Malviya Nagar under Sections 85/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS) and all proceedings emanating therefrom qua the petitioner. 2. It is primarily the case of the petitioner that he is only the brother- in-law of the respondent no.2, and barring omnibus allegations against all the relatives, there are/ is no specific assertions against him in the FIR, therefore, his involvement cannot be shown as per Kahkashan Kausar vs. State of Bihar:(2022) 6 SCC 599, and to avoid the applicant being put through the rigours of a criminal trial, the present FIR ought to be quashed 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 17/08/2026 at 11:17:59
qua him by invoking the inherent powers of this Court. 3. Pertinently, the law regarding quashing of an FIR, that too qua a cognisable offence especially at the nascent stages when the investigation is still underway, is by now well-settled. It is trite that mere registration of an FIR does not create a right in a party like the petitioner herein to approach a High Court, like this Court, for quashing thereof under its
“inherent powers” under Section 482 of the Code of Criminal Procedure, 1973/ Section 5281 BNSS, particularly, since the same is circumspect and is only to be exercised in rare cases to prevent miscarriage of justice, and is not amenable to anyone like the petitioner herein as a matter of routine.
This, particularly since an FIR is not an encyclopaedia, and whence an independent process to unearth the facts therein has not yet been undertaken/ concluded, the entire criminal proceedings cannot be scuttled on that basis alone, that too by this Court which is not a fact-finding authority [Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra & Ors.:(2021) 19 SCC 401]. 4. In view of the aforesaid, and since the present FIR has been registered under Sections 85/316(2)/3(5) BNS, i.e. involving cognisable offences, and that too only on 14.03.2026, whereafter merely one Notice under Section 35(3) BNSS has been issued to the petitioner, the investigation is at its very initial stages wherein the involvement of the petitioner is yet to be ascertained. Further, there is nothing glaringly apparent or even adverse on the face of the record that the petitioner has
1 Section 528. Saving of inherent powers of High Court. Nothing in this Sanhita shall be deemed to limit or affect the inherent powers of the High Court to make such orders as may be necessary to give effect to any order under this Sanhita, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice. 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 17/08/2026 at 11:17:59
been able to show to justify for invoking the “inherent powers” of this Court under Section 528 BNSS, and resultantly thwart the entire process and sideline the petitioner at the very threshold. 5. In view of the aforesaid, finding nothing on the record sufficient to invoke the “inherent powers” of this Court under Section 528 BNSS, the present petition, being way too premature and without any merit, is dismissed in limine. SAURABH BANERJEE, J AUGUST 12, 2026/bh 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 17/08/2026 at 11:17:59