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2026 DAILYLAW 16991 (DEL)

SHOAIB DANISH v. STATE OF NCT OF DELHI

CRL.REV.P./510/2026 · 2026-09-03

Purushaindra Kumar Kaurav

body2026

Judgment text

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$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010401872026 + CRL.REV.P. 510/2026 and CRL.M.A. 26441/2026 SHOAIB DANISH .....Petitioner Through: Mr. Alok Bhachawat, Mr. Ishan Jain, Mr. Manish, Mr. Vishnu, Mr. Sahil, Ms.Himanshi, Advocates. versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Mukesh Kumar, APP for State with SI Chetan AGS/ Crime. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 03.09.2026 CRL.M.A. 26439-26440/2026 (for exemption) 1. Exemptions allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.REV.P. 510/2026 and CRL.M.A. 26441/2026 1. The instant petition is for the following reliefs:- “(a) Set Aside the impugned order dated 22.05.2026 passed by Ld. Special Judge (PC Act) CBI-24 (MP/MLA Cases), Rouse Avenue District Court, New Delhi in SC 4/2023 arising out of FIR No.503/2007, PS New Friends Colony, Crime Branch; (b) Discharge of Petitioners from an independent article of charges under Section 307 and 395 IPC and along with article of charges 307/395 (read with Section 397 IPC) with aid of read with section 149 IPC and/ or direct the Ld. Trial Court to frame charges under 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 05/09/2026 at 10:05:00 appropriate lesser sections of the IPC; and (c) Pass any other or further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.” 2. Heard learned counsel appearing on behalf of the petitioner. 3. Learned counsel appearing for the petitioner, inter alia, contends that the arguments on charge commenced 17.08.2023 and were concluded on 03.05.2024. The matter was, thereafter, listed for orders on 18.05.2024. On the said date, the order could not be pronounced. Finally, after a lapse of almost 2 years, the order has eventually been pronounced on 22.05.2026. 4. Learned counsel for the petitioner then contends that the delay in pronouncing the order on charges would vitiate the impugned order in view of the decisions passed by the Supreme Court in the cases of Anil Rai vs. State of Bihar and other connected matter,1 Kanhaiyalal and others vs. Anupkumar and Ors.2 and Bhagwandas Fatehchand Daswani and others vs. HPA International and Ors..3 5. It is also pointed out that with respect to a connected FIR bearing No.696/2007, the arguments were heard on 18.05.2024 and the order was not pronounced. Therefore, the petitioner therein had approached this Court and this Court in W.P. (CRL) 2462/2026 granted liberty to take appropriate recourse in accordance with law. Thereupon, the petitioner in that case filed an application for release of the matter. The said application was entertained and the matter is fixed for orders on that application. 6. Considering the totality of facts and circumstances in the present case, The Court is of the opinion that the impugned order deserves to be set aside 1 2001 SCC OnLine SC 906 2 2002 SCC OnLine Sc 1125 3 2000 SCC OnLine SC 205 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 05/09/2026 at 10:05:00 on the ground of delay, alone. 7. Accordingly, the impugned order is set aside, let the arguments on charge be re-heard by the present Presiding Officer. 8. With these observations, the instant petition stands disposed of. Pending application also stands disposed of. 9. The Court also takes judicial note of the fact that the order on charge has been pronounced after a period of approximately 2 years. This aspect be considered by the appropriate Committee of the High Court on the Administrative Side. 10. Let this matter be placed by the concerned Registrar before the said Committee. PURUSHAINDRA KUMAR KAURAV, J SEPTEMBER 3, 2026 Nc 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 05/09/2026 at 10:05:00