$~97 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010420182026 + CRL.M.C. 6603/2026 & CRL.M.A. 27600/2026 MR. ANUJ TALWAR ....Petitioner Through: Mr. Sumeet Shokeen, Mr. Gourav Dalmia, Mr. Kartikey Anand, Ms. Saiba. M Rajpal, Advs. versus STATE GOVT. OF NCT OF DELHI AND ANR .....Respondents Through: Mr. Aashneet Singh, APP SI Chitra, P.S. Prashant Vihar. CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 07.09.2026 1. This hearing has been done through hybrid mode. 2. By way of the present petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’), the petitioner seeks quashing of FIR No. 515/2025, registered at Police Station Prashant Vihar, Delhi, on 13.08.2025, for offences punishable under Sections 85/316(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023, corresponding to Sections 498A/406/34 of the Indian Penal Code, 1860, along with all consequential proceedings emanating therefrom, qua the petitioner. The petitioner also seeks quashing of the order dated 20.05.2026 passed by the learned JMFC, North, Rohini District Courts, Delhi, in Criminal Case No. 690/2026, whereby cognizance has been taken and the petitioner has been summoned as an accused. 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 08/09/2026 at 11:42:36 3. Learned counsel for the petitioner submits that the petitioner is the brother-in-law/dewar of Respondent No. 2. It is submitted that there are no specific or substantive allegations against the petitioner in the complaint, FIR. 4. Learned counsel for the petitioner further submits that, after completion of investigation, the Investigating Officer did not find any incriminating material against the petitioner. Consequently, the petitioner was not chargesheeted and was kept in Column No. 12 of the chargesheet as a suspect. It is submitted that the petitioner’s father was also kept in Column No. 12 of the chargesheet. 5. It is further submitted that the learned Trial Court, vide the impugned order dated 20.05.2026, has taken cognizance against the persons placed in Column Nos. 11 and 12 of the chargesheet in a mechanical manner, without recording any reasons for proceeding against the petitioner 6. Issue notice. 7. Learned APP for the State accepts notice. On instructions, he submits that the petitioner was placed in Column No. 12 of the chargesheet by the Investigating Officer. 8. This Court has heard learned counsel for the parties and perused the record. 9. The impugned order dated 20.05.2026 reads as under: “Perused the complete Charge Sheet. The Charge Sheet is well within the period of limitation. Perusal of the chargesheet and the documents annexed reveals the commission of the offences. Thus, I hereby take the cognizance of the offences as there is sufficient material to proceed further against the accused persons who have been kept in column no. 11 of the chargesheet as well as the accused persons 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 08/09/2026 at 11:42:36 who have been kept in column no. 12 of the chargesheet. Accordingly, accused persons be summoned through the IO for the NDOH i.e. 28.10.2026.” 10. A perusal of the aforesaid order shows that the learned Trial Court has taken cognizance against the petitioner, who had been placed in Column No. 12 of the chargesheet, without recording any reasons or discussing the material on the basis of which the petitioner was sought to be summoned as an accused. 11. The impugned order, does not disclose any independent consideration of the material against the petitioner or any reason for taking cognizance against him. The order merely records, in a general and omnibus manner, that there is sufficient material to proceed against the accused persons placed in Column Nos. 11 and 12 of the chargesheet. 12. In view of the above, the impugned order dated 20.05.2026, to the extent it takes cognizance against and summons the petitioner, namely, Mr. Anuj Talwar, is set aside. 13. The learned Trial Court is directed to pass a fresh order, after considering the material on record and recording reasons, if the learned Trial Court proposes to take cognizance against the petitioner, who has been placed in Column No. 12 of the chargesheet. 14. The parties shall appear before the learned Trial Court on the date already fixed, i.e., 28.10.2026. 15. It is clarified that this Court has not examined the merits of the allegations or the material collected during investigation. All contentions of the parties are left open. Nothing stated herein shall be construed as an 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 08/09/2026 at 11:42:36 expression of opinion on the merits of the case. 16. The present petition stands disposed of in the aforesaid terms. 17. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 7, 2026/prg/P 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 08/09/2026 at 11:42:36