CRL.M.C. 1036/2026 Page 1 of 2 pages $~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 06.02.2026 + CRL.M.C. 1036/2026 & CRL.M.A. 4099/2026 ANUP GUPTA .....Petitioner Through: Mr. Sachin Dev and Ms. Shagun Sharma, Advocates. versus STATE NCT OF DELHI .....Respondent Through: Mr. Amit Ahlawat, APP for State with Inspector Brahma Dutt Vishnoi. CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner seeks to challenge order dated 09.10.2025 passed by the trial court on his application under Section 348 BNSS (Section 311 CrPC). The grievance of the petitioner is that the learned trial court has kept the application in abeyance, to be decided after examination of prosecution witnesses. 2. Being purely a procedural order, especially keeping in mind that even according to the present petitioner, the witness sought to be summoned would be Court Witness, it is the prerogative of the trial court to decide such application at appropriate stage after satisfying itself regarding necessity of GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4af ec45569af3962c6fb4835d435f97626cacc a, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d 15570996b40f80cbd2eee60402c487965ff 801e26fa, cn=GIRISH KATHPALIA Date: 2026.02.06 17:44:49 -08'00' Digitally Signed By:NEETU N NAIR Signing Date:06.02.2026 17:52:26 Signature Not Verified CRL.M.C. 1036/2026 Page 2 of 2 pages summoning such witness. 3. Despite repeated queries learned counsel for petitioner is unable to show any law under which such procedural order can be interfered with by the High Court exercising inherent powers. 4. The petition is completely frivolous, so dismissed with cost of Rs.10,000/- to be deposited by the petitioner within one week online with www.bharatkeveer.gov.in. Accompanying application stands disposed of. 5. Copy of this order be sent to the trial court forthwith. GIRISH KATHPALIA (JUDGE) FEBRUARY 06, 2026/ry GIRISH KATHPALIA Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec 45569af3962c6fb4835d435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15 570996b40f80cbd2eee60402c487965ff801 e26fa, cn=GIRISH KATHPALIA Date: 2026.02.06 17:44:37 -08'00' By:NEETU N NAIR Signing Date:06.02.2026 17:52:26