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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8022/2025

VIJAY KUMAR AGARWAL .....Petitioner

Through: Petitioner in person.

versus

STATE GOVT. OF NCT OF DELHI .....Respondent

Through: Mr. Utkarsh, APP for the State.

SI Habib Khan, Crime Branch.

CORAM:

HON’BLE MR. JUSTICE PRATEEK JALAN

O R D E R

% 13.01.2026

CRL.M.A. 1014-1015/2026 (for exemption

Exemptions allowed, subject to all just exceptions.

The applications stand disposed of.

CRL.M.A. 1013/2026 (for early hearing

1. This is an application seeking early hearing of CRL.M.A. 33506/2025, whereby the petitioner seeks a stay of proceedings before the Trial Court arising out of FIR No. 524/2022, registered at P.S. Pandav

Nagar.

2. With the consent of Mr. Utkarsh, learned Additional Public Prosecutor [“APP”], the application is allowed, and the petition itself is

taken up for hearing.

3. The application stands disposed of.

CRL.M.C. 8022/2025

1. By way of this petition, the petitioner challenges the “revival” of criminal proceedings in FIR No. 524/2022, registered at PS Pandav Nagar, pursuant to the order dated 17.09.2024 passed by the learned Chief Judicial Magistrate [“CJM”].

2. The FIR was registered against the petitioner for offences under Sections 457 and 380 of the Indian Penal Code, 1860 [“IPC”].

3. While the trial was in progress, an order dated 22.05.2024 was passed, which reads as follows:

“Order perused.

As the present FIR has been quashed by Hon’ble High Court of Delhi, the proceeding of the present before this Court is stopped.

Bail bonds, if any, stand discharged. Original documents, if any, be returned to its rightful claimant. Superdarinama, if any be cancelled.

Endorsement, if any be cancelled.

Nothing survives.

File be consigned to Record Room after due compliance.”

4. On 17.09.2024, the learned CJM, in the presence of the learned APP and SI Habib Khan, Crime Branch, to which the investigation had been transferred, passed the following order:

“File taken up on oral request of SI Habib Khan. Present: Sh. Murari Singh, Ld. APP for the State.

SI Habib Khan in person.

Record reveals that the case was listed for the purpose of evidence vide order dated 14.03.2024.

As per submission made by SI Habib Khan, the present matter is still pending before Hon’ble High Court of Delhi and the NDOH in the said matter is 27.09.2024. Two other petitions pertaining to present matter for the stay of trial is also pending before Hon’ble High Court of Delhi. It is further submitted that due to clerical error on the part of concerned staff, Dispatch Section, Criminal -II, Registrar Office, the particulars of the present FIR was wrongly mentioned alongwith the present quashing order. It is further prayed that the file be revived back to its original number as the present matter was never quashed before Hon’ble High Court of Delhi.

In view of submissions made, particulars of the present file, the fact that the clerical error is apparent alongwith in the interest of justice, it is only appropriate that the file be revived back to its original number to prevent any prejudice to the affecting parties.

Ahlmad is directed to revive back the present file to its original number immediately.

Court notice be issued to the accused persons as well as prosecution witnesses as per list of witnesses, for PE.

Put up for PE on 03.12.2024.”

5. The petitioner, appearing in person, submits that the aforementioned order dated 17.09.2024 was impermissible, under Section 362 of the Code of Criminal Procedure, 1973 [“CrPC”], corresponding to Section 403 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [“BNSS”].

The provision reads as follows: “362. Court not to alter judgment.—

Save as otherwise provided by this Code or by any other law for the time being in force, no Court, when it has signed its judgment or final order disposing of a case, shall alter or review the same except to correct a clerical or arithmetical error.”

6. The petitioner also relies on the judgment of the Supreme Court in Vikram Bakshi v. R.P. Khosla [2025 SCC OnLine S