MR. SANDEEP TALWAR v. STATE GOVT. OF NCT OF DELHI AND ANR
CRL.M.C./7034/2026 · 2026-09-21
Mini Pushkarna
body2026
DailyLaw.ai
[ 2026 DAILYLAW 18877 (DEL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 18877 (DEL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI %
Date of Decision: 21st September, 2026 # CNR No. DLHC010448912026 + CRL.M.C. 7034/2026 & CRL.M.A. 29355/2026
MR. SANDEEP TALWAR
.....Petitioner Through: Mr. Ashim Vachher, Sr. Adv. with Mr. Sumeet Shokeen, Ms. Saiba Mehr, Mr. Nikhil Mehta and Mr. Kartikey Anand, Advs.
versus
STATE GOVT. OF NCT OF DELHI AND ANR. .....Respondents Through: Mr. Avinder Singh, Mr. Devendra Kejariwal, Ms. Arpita Bhattacharyya and Mr. Navin Rawat, Advs.
Mob: 8130527868
Mr. Ajay Vikram Singh, APP
Mob: 9868632122
Email: ajayvikramsingh563@gmail.com Ms. Preeti Ahlawat, SI, PS Prashant Vihar Mob: 9817191709
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
MINI PUSHKARNA, J. (Oral):
1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”)/Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”), seeking quashing of the First Information Report (“FIR”) being FIR 515/2025 dated 13th August, 2025, registered at Police Station (“PS”) Prashant Vihar, Delhi, under Sections 85, 316(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (“BNS”), and all Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 21:30:12 Signature Not Verified
consequential proceedings emanating therefrom.
2. A further prayer is sought to quash the order dated 20th May, 2026, passed by the Judicial Magistrate First Class, Mahila Court-01, North District, Rohini Courts, Delhi in Cr. Case 690/2026.
3. Learned Senior Counsel appearing for the petitioner, at the outset, submits that he confines the prayer in the present petition only to quashing of the order dated 20th May, 2026, whereby, the Trial Court took cognizance of the offences mentioned in the Chargesheet, and the petitioner was summoned as an accused through the concerned Investigating Officer (“IO”).
4. Issue notice. Notice is accepted by learned Additional Public Prosecutor (“APP”) appearing for the State, who submits that he has no objection to the aforesaid prayer of the petitioner with regard to quashing the
order dated 20th May, 2026, qua the petitioner only.
5. Learned Senior Counsel appearing for the petitioner submits that the petitioner is the father-in-law of respondent no. 2, and that he has been falsely implicated by respondent no. 2 in FIR 515/2025.
6. He submits that the petitioner was arrayed as accused no. 2 in the aforesaid FIR, along with other family members related to respondent no. 2, namely, her husband, Mr. Ankit Talwar; her brother-in-law, Mr. Anuj Talwar; and her mother-in-law, Ms. Geeta Talwar.
7. Learned Senior Counsel appearing for the petitioner submits that the investigation in the said FIR is complete, and a Chargesheet has already been filed by the IO before the Trial Court.
8. This Court is informed that after a sustained investigation, the petitioner and his son, i.e., Mr. Anuj Talwar, were not even charge-sheeted Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 21:30:12 Signature Not Verified
by the IO in FIR 515/2025, and their names were instead placed in Column no. 12 as “suspects”, as no incriminating evidence was found against them during the investigation.
9. Learned Senior Counsel appearing for the petitioner submits that the petitioner is aggrieved by the order dated 20th May, 2026, as the Trial Court, in a mechanical manner, without application of judicial mind and in total haste, took cognizance of the alleged offences in the aforesaid FIR and summoned all four members of the petitioner’s family, including, the petitioner herein.
10. He, thus, submits that the said order passed by the Trial Court is a non-speaking and unreasoned order.
11. Attention of this Court has been drawn to the order dated 07th September, 2026, passed by this Court in CRL.M.C. 6603/2026, which was a petition filed on behalf of the son of the petitioner, who is similarly placed as the petitioner herein.
12. The said order dated 07th September, 2026, passed by this Court in the said petition, reads as under:
“
Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 21:30:12 Signature Not Verified
Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 21:30:12 Signature Not Verified
”
13. Having heard learned counsels for the parties, this Court notes that the petitioner’s son, i.e., Mr. Anuj Talwar, had earlier preferred CRL.M.C. 6603/2026, wherein, by way of the aforesaid order, this Court quashed the
order dated 20th May, 2026, to the extent that it took cognizance of the alleged offences against him and summoned him. Digitally Signed By:HARIOM SHARMA Signing Date:22.09.2026 21:30:12 Signature Not Verified
14. This Court further notes that the petitioner herein is identically placed as the petitioner in CRL.M.C. 6603/2026, as the name of petitioner therein was also kept in Column no. 12 as “suspect” by the IO, and he was not charge-sheeted.
15. Pertinently, it is noted that neither the summons dated 22nd May, 2026, issued by the Trial Court pursuant to the order dated 20th May, 2026, nor the order itself states any reason for issuing summons to the petitioner, when no Chargesheet had been filed against him.
16. Thus, it is apparent that the petitioner has been summoned as an accused without recording any reason whatsoever, in a mechanical manner, despite the finding of the IO in the Chargesheet that no incriminating evidence was found against the petitioner.
17. Accordingly, considering the submissions made before this Court, the impugned order dated 20th May, 2026, to the extent that it takes cognizance against and summons the petitioner, namely, Mr. Sandeep Talwar, is set aside.
18. The Trial Court is directed to pass a fresh order after considering the material on record.
19. The Trial Court shall record reasons, if it proposes to take cognizance against the petitioner, who has been placed in Column no. 12 of the Chargesheet.
20. The parties shall appear before the Trial Court on the date already fixed, i.e., 28th October, 2026.
21. It is clarified that this Court has not examined the merits of the allegations or the material collected during the investigation by the IO.
22. All contentions of the parties are left open.
By:HARIOM SHARMA Signing Date:22.09.2026 21:30:12
23. Further, nothing stated herein shall be construed as an expression of opinion on the merits of the case.
24. The present petition, along with pending application is accordingly
disposed of, in the aforesaid terms.
MINI PUSHKARNA, J SEPTEMBER 21, 2026/SK By:HARIOM SHARMA Signing Date:22.09.2026 21:30:12