Interim Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Cr Rev 717/2025
Ashwani Kumar Rajput Vs. State NCT Of Delhi
PS Bara Hindu Rao
03.01.2026
Present: Sh. Bharat Chugh, ld. Counsel for all the revisionists.
Sh. Parvesh Ranga, Ld. Addl. PP for the State/ respondent no. 1.
Sh. Anish Verma (through VC) and Ms. Aastha, ld. Counsels
for the respondent no. 2 to 8.
Heard. Record perused.
It is submitted by ld. Counsel for the respondents no. 2 to 8 that
he has not received the copy of the petition and the documents annexed
along with the same.
Ld. Counsel for the revisionist is requested to supply the same
against proper receipt.
Arguments on the application seeking stay on the impugned orde
and all the consequential proceedings emanating therefrom have been heard.
It has been vehemently pressed that the impugned order dated
02.08.2025 and all the consequential/ incidental proceedings including its
investigation be stopped forthwith since otherwise, the petitioners shall suffer
irreparable loss and damage, highlighting that the balance of convenience
also lies in their favour as the respondents are guilty of concealing material
facts before the ld. JMFC.
It is not in dispute that pursuant to the impugned order dated
02.08.2025, FIR bearing no. 332/2025 PS Bara Hindu Rao has already been
registered and investigation has commenced. Mere filing of revision against
an order passed under Section 173(3) BNSS does not ipsofacto warrants the
stay of investigation, which is a statutory function of the police and the courts
are required to be slow in interdicting investigation at the initial stage unless
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exceptional circumstances demonstrating patent illegality, lack of jurisdiction
or abuse of process are made out. Though, the grounds raised by the ld.
Counsel for the applicants/ revisionists appears to be having some merits but
the same can only be adjudicated only after a fair opportunity is given to the
opposite side at the time of final hearing.
The court is not convinced that how the investigation is going to
have an adverse affect to the extent of irreparable loss, if the same is not
stopped. No justifiable grounds staying the investigation exists.
As such, I find no merits in the said application and the same is
disposed off as dismissed.
However, it is clarified that mere registration of the FIR does not
give authority to the police to automatically arrest the accused persons and
the same shall be subject to compliance of the provisions of Section 35/36
BNSS. Application stands disposed off.
Put up for arguments on the petition on the next date of hearing.
Re-notify on 04.04.2026.
(Bhupinder Singh)
ASJ-05, Central District
Tis Hazari Courts, Delhi
03.01.2026
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