Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 10 Ct Cases / 327/2026 Subhash Sharma Vs. Lalit Sharma /0 (Vasant
Vihar)
11.05.2026
Present: Sh. Rajiv Khanna, Ld. counsel for complainant.
Submissions have been heard on behalf of the complainant.
The counsel for complainant has relied on a judgment of
Hon’ble High Court of Delhi titled as
Brand Protectors India Pvt Ltd vs.
Anil Kumar 2025 SCC OnLIne Del 5046 where the Delhi High Court
observed :
“’The procedure to be followed on filing of the Complaint
under Section 200 Cr. P.C. (now Section 223 BNSS) was
discussed by the Supreme Court in Ram Das v. Shri Niwas
Nair (1984) 2 SCC. It was explained that when a private
Complaint is filed, the Complainant has to be examined on
oath except when it is a public servant. After examining the
complainant on oath and the witnesses present, it wouldbe
open to the Court to judicially determine whether the case is
made out for issuing process. When it is said that the Court
issues process, it means that the Court has taken cognizance
of the offence and has decided to initiate the proceedings
and as a visible manifestation of taking cognizance, process
is issued which means that the accused is called upon to
appear before the Court. A reference was also made to
Section 200 and Section 202 Cr. P.C. to observe that the
power to take cognizance can be postponed and an enquiry
be held under 202 and an enquiry or investigation by a
Police Officer can be directed to decide whether there is
sufficient grounds for proceeding. The matter is left to the
judicial discretion of the Court whether to examine the
Complainant and the witnesses if any as contemplated under
Section 200 Cr. P.C. or to postpone the issue of process and
ravi Digitally
signed by ravi
Date:
2026.05.11
17:55:14
+0530
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seek further investigations by the police or any other
person.”
Considering the observations made by Hon’ble High Court
of Delhi in
Brand Protectors India Pvt Ltd vs. Anil Kumar and the
submissions made on behalf of the complainant the present matter be put
up for Pre-summoning Evidence.
An adjournment has been sought on behalf of the
complainant. Heard. Allowed.
Put up for PSE on 29.09.2026.
(RAVI)
JMFC-07/PHC/ND/ 11.05.2026
ravi Digitally
signed by ravi
Date:
2026.05.11
17:55:12
+0530
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