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2026 DAILYLAW 16092 (DEL)

SH. RAJENDER SINGH AND ANR v. THE STATE OF NCT OF DELHI AND ANR

CRL.M.C./5968/2026 · 2026-08-14

Girish Kathpalia

body2026

Judgment text

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CRL.M.C. 5968/2026 Page 1 of 2 pages $~64 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 14.08.2026 # CNR No. DLHC010376942026 + CRL.M.C. 5968/2026, CRL.M.A. 24876/2026 & CRL.M.A. 24875/2026 SH. RAJENDER SINGH AND ANR .....Petitioners Through: Mr. Zakir Hussain, Advocate versus THE STATE OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Ritesh Kumar Bahri, APP for State with Mr. Lalit Luthra and Mr. Randeep Kumar, Advocates CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioners seek quashing of case FIR No. 407/2019 of Police Station Dwarka South, District Dwarka, Delhi for offence under Section 174A IPC. 2. It is contended on behalf of petitioners that the impugned FIR is liable to be quashed because as per law, FIR under Section 174 IPC can be registered only on the directions of the magistrate, whereas in the present case it was registered on the complaint of daughter-in-law of petitioners (the present respondent no. 2), who is working as a police official. GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6f b4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80c bd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.08.14 14:18:27 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:14.08.2026 14:24:40 Signature Not Verified CRL.M.C. 5968/2026 Page 2 of 2 pages 3. But at the outset, learned APP for State assisted by IO/SI Amit Kumar, points out that the petition is not maintainable because the petitioners do not have locus standi to file this petition, as the petitioners are not the person accused in the impugned FIR. 4. On being called upon to address on locus standi of petitioners, it is submitted by learned counsel that petitioners are receiving notices from IO to join investigation. But in this regard, learned APP for State points out that earlier, petitioners had challenged even those notices by way of Crl. M.C. 3409/2026, which petition was disposed of on 05.05.2026 by a co-ordinate bench on the submission of learned counsel for petitioners that they are ready and willing to join investigation and participate therein; and accordingly, that petition was withdrawn by the petitioners. 5. On being called upon to address further as regards maintainability of this petition, learned counsel for petitioners submits that appropriate orders may be passed. 6. Accordingly, in view of order dated 05.05.2026 of the co-ordinate bench, coupled with the lack of locus standi of petitioners, the present petition and the accompanying applications are dismissed. GIRISH KATHPALIA (JUDGE) AUGUST 14, 2026/as GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3 962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b 40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.08.14 14:18:42 +05'30' By:RAHUL YADAV Signing Date:14.08.2026 14:24:40