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2026 DAILYLAW 7101 (DEL)

ZIAUR RAHMAN v. STATE OF NCT OF DELHI

W.P.(CRL)/574/2026 · 2026-02-18

Saurabh Banerjee

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~80 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 574/2026 ZIAUR RAHMAN .....Petitioner Through: Mr. S.D. Singh, Adv. (Through VC) versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC for the State with Arjit Sharma and Ms. Sakshi Jha, Advs. CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE O R D E R % 18.02.2026 1. By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nyaya Sanhita, 2023 (BNSS), the petitioner seeks setting aside of the order dated 22.01.2026 passed by the learned Chief Judicial Magistrate, South East District, Saket Courts, New Delhi in Misc. Crl No.168/2026 (learned Trial Court). 2. Learned ASC for the State submits that no such remedy is available under Article 226 of the Constitution of India as the appropriate remedy lies exclusively within the domain of the “inherent powers” vested upon this Court by virtue of Section 528 of the BNSS by filing a fresh petition. 3. De hors the above, learned counsel for the petitioner, seeks to withdraw the present petition with liberty to seek appropriate remedies in accordance with law. 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 20/02/2026 at 13:21:07 4. As such, the present petition is dismissed as withdrawn with liberty as prayed for. SAURABH BANERJEE, J FEBRUARY 18, 2026/Ab 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 20/02/2026 at 13:21:07