Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 18456 (DEL)

YYYYY v. THE STATE (GOVT. OF NCT OF DELHI) AND ORS

W.P.(CRL)/2840/2026 · 2026-09-16

Saurabh Banerjee

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010436112026 + W.P.(CRL) 2840/2026 YYYYY .....Petitioner Through: Mr. Aman, Adv. versus THE STATE (GOVT. OF NCT OF DELHI) AND ORS .....Respondents Through: Ms. Rupali Bandopadhya, ASC for the State with SI Sakshi Tanwar, PS: Sarita Vihar CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 16.09.2026 1. The present matter has been received on transfer. 2. By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks the following reliefs: “a) Direct the Respondent no. 1 to 2 to immediately lodge FIR against Respondent 3 and 4 on the complaint of the petitioner dated 07.08.2025 and 08.08.2025. b) Direct the concerned Magistrate to record the statement of the Petitioner U/s 183 BNSS. (Formerly Section 164 CrPC). c) Summon the Respondent no 1 and 2 before this court and take explanation that why action has not been taken on the complaint of the petitioner of dated 07.08.2025 and 08.08.2025. d) Pass any other and further orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case; in the favor of the petitioner and in the interest 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 18/09/2026 at 11:51:55 3. A perusal of the records reveal that the present petition is a second round of litigation as the earlier writ petition being W.P.(CRL) 1280/2026 of the petitioner was withdrawn by the erstwhile counsel of the petitioner on 26.05.2026, which is reproduced as under:- “1. By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks direction appropriate directions qua respondent nos. 1 to 3 for providing police protection to the petitioner. 2. After some arguments, learned counsel for the petitioner seeks to withdraw the present petition with liberty to seek appropriate remedies in accordance with law, including, filing the same with better particulars with the latest developments mentioned therein. 3. As such, the present petition is dismissed as withdrawn with liberty as prayed for.” 4. Once again, by virtue of the present petition, the petitioner seeks the very same directions for lodging the FIR against respondent nos.3 and 4 on the complaint of the petitioner dated 07.08.2025 and 08.08.2025, without taking any appropriate steps/ recourse to what is available to her in accordance with law. Even otherwise, the present petition is also barred in light of the earlier order dated 26.05.2026 passed by this Court in W.P.(CRL) 1280/2026 of the very same petitioner, as reproduced hereinabove. 5. It is also relevant to mention that the petitioner is also well aware that both the aforesaid complaints have been already decided and a Closure Report dated 12.11.2025 thereto has been filed. 6. At this stage, learned ASC submits that the petitioner has neither pursued with anything thereafter nor taken any steps to challenge thereto 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 18/09/2026 at 11:51:55 before any forum of law till date. 7. De hors the above, and without adverting to the same, learned ASC submits that the petitioner shall be free to make a fresh complaint with better particulars to SI Asha Upadhyay at PS.: Sarita Vihar, Delhi within a period of one week, which, then shall be dealt with in accordance with law. 8. Learned counsel for the petitioner is agreeable to do so within a period of one week. 9. As such, she seeks to withdraw the present petition. 10. Accordingly, the present petition is dismissed as withdrawn in terms of the above. SAURABH BANERJEE, J SEPTEMBER 16, 2026/So 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 18/09/2026 at 11:51:55