Order 1

Order Details: COPY OF ORDER
Pdf Text: CR No. 74/2026
MGF Developments Ltd Vs State & Ors.
06.02.2026
Fresh criminal revision petition has been received by way of
assignment. It be checked and registered as per rules.
Present: Sh. Amit Prasad, Sh. Yudhister Singh and Sh. Yogesh
Sharma, Ld. Counsels for petitioner.
It is submitted on behalf of petitioner that one civil suit is
pending between the parties. Respondent herein had made similar prayer
in that suit that he may be allowed to use the private passage of the
petitioner. In that suit, Ld. Civil Judge had dismissed the application of
respondent herein under order 39 Rule 1 and 2 CPC and held that
respondent/company was claiming a relief which was actually a matter of
trial and there was no proof if the alleged common way is a public way or
a private way. It was observed that there was no prima facie case is made
out in favour of plaintiff company. The pendency of that civil suit was
duly considered by Sh. Lakshay Singhal, District Magistrate (District
South) while passing the impugned order but he did not consider the fact
that the relief claimed before him was already denied by Ld. ACJ, South,
Saket Courts, New Delhi vide order dated 18.12.2025. It is further
submitted that as civil suit is pending between the parties, proceedings
under section 164 BNSS/145 CrPC are not maintainable as per settled
law.
It is further pointed out that a revision petition was
preferred by the petitioner before Hon’ble High Court of Delhi and vide
order dated 03.02.2026, the petition was allowed to be withdrawn,
however, impugned order was stayed for the period of one week by
Hon’ble High Court of Delhi and stay is operational till 10.02.2026.
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Submissions heard. Record perused.
After hearing arguments of Ld. Counsel for petitioner and
perused the record, issue notice of the revision petition to the respondents
on filing of PF today itself. There is no need to pass any interim order
qua stay application as impugned order is already under stay by the order
of Hon’ble High Court of Delhi till 10.02.2026.
Re-list for appearance of respondent on 09.02.2026.
(Dhirendra Rana)
ASJ-07/PHC/New Delhi
06.02.2026
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