Research › Search › Judgment

High Court of Delhi · body

2026 DAILYLAW 18879 (DEL)

MUSKESH KUMAR v. STATE OF NCT OF DELHI & ANR.

W.P.(CRL)/1891/2026 · 2026-09-21

Girish Kathpalia

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(CRL) 1891/2026 Page 1 of 2 pages $~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 21.09.2026 # CNR No. DLHC010275002026 + W.P.(CRL) 1891/2026 & CRL.M.A. 18896/2026 MUSKESH KUMAR .....Petitioner Through: Ms. Pallavi Garg, DHCLSC (through videoconferencing) with Ms. Sanjana Sharma Sahu and Ms. Prakriti, Advocates. versus STATE OF NCT OF DELHI & ANR. .....Respondents Through: Mr. Rahul Tyagi, ASC for State with Mr. Sangeet Sibou, Advocate with Inspector Mahesh Kumar and SI Rahul, PS Badli. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. The petitioner seeks mandamus to the respondent for including the Covid parole period (06.03.2020 to 08.03.2021) as period spent in custody. 2. Learned ASC appears on advance intimation and accepts notice. 3. Learned counsel for petitioner refers to the earlier decision dated 17.07.2025 of this Court in the case of Rahul Gupta vs State, W.P.(CRL) GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec455 69af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570 996b40f80cbd2eee60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2026.09.21 17:47:04 +05'30' Digitally Signed By:RAHUL YADAV Signing Date:21.09.2026 17:50:04 Signature Not Verified W.P.(CRL) 1891/2026 Page 2 of 2 pages 3340/2024 and submits that the present case falls squarely within those parameters. 4. Learned ASC in all fairness does not dispute. 5. By way of order dated 17.07.2025 in Rahul Gupta (supra), the same question as raised in the present petition was disposed of, directing the respondent to treat the said writ petition as representation, because the issue involved is a matter of policy. Today, it is informed by learned ASC that in the said case, the said representation of Rahul Gupta was allowed by the competent authority vide order dated 29.04.2026. 6. Accordingly, on the same lines, the present petition also is disposed of directing the respondent to treat it as a representation before the competent authority and take appropriate decision on the same within twelve weeks. Accompanying application also stands disposed of. 7. For compliance, copy of this order as well as petition be sent to the respondent. GIRISH KATHPALIA (JUDGE) SEPTEMBER 21, 2026/dr GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afe c45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d1 5570996b40f80cbd2eee60402c487965ff8 01e26fa, cn=GIRISH KATHPALIA Date: 2026.09.21 17:46:50 +05'30' By:RAHUL YADAV Signing Date:21.09.2026 17:50:04