$~60 (25.11.2025)

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 481/2025 & CRL.M.A. 35046/2025 SANDEEP JHANJHARIYA @ KALA JATHERI .....Petitioner Through: Appearance not given.

versus THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Hitesh Vali, APP for State along with SI Rahul Khokher, Spl Cell/NDR, Defence Colony.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 26.11.2025 [The matter has been taken up today as 25^th November, 2025 was declared a holiday on account of 350^th anniversary of “Guru Teg Bahadur’s Martyrdom Day”]

1. This petition under Section 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, “BNSS” (corresponding to Sections 397 and 401 of the Code of Criminal Procedure, 1973, “CrPC”) is directed against orders dated 6^th September, 2025 and 11^th September, 2025, whereby charges under Sections 387, 34 and 120B of the Indian Penal Code, 1860, “IPC” have been framed by the Additional Sessions Judge-05, Patiala House Courts, New Delhi in case FIR No. 226/2022 dated 30^th March, 2022, registered at P.S. Mohan Garden.

2. The case of the prosecution, in brief, is as follows:

2.1. The FIR was lodged on 30^th March, 2022 on the complaint of

Rajender Prasad Gupta, who alleged that at about 07:10 PM, three persons entered his office, threw three slips at him, demanded INR 1 Crore, claimed they had been sent by one “Kala Jathedi”, and when he questioned them, one assailant fired at him, causing injuries to both his legs. CCTV footage recovered during investigation captured three persons entering the office. On 3^rd April, 2022, pursuant to secret information, the police apprehended five persons at Hanumangarh, including Sunil Kumar Meghwal, Deepak Kashyap and Chanderbhan Nayak. Their disclosure statements led to the recovery of three pistols on 04^th April, 2022 from the house of co-accused Deepak @ Mota, 2.2. On 07^th April, 2022, the investigation was transferred to Special Cell. A request for TIP of accused Sunil Meghwal, Deepak Kashyap, and Deepak @ Mota was made, but all three refused. They were later identified by the Complainant, whose statement under Section 161 CrPC was recorded. Two stolen motorcycles alleged to have been used during the incident were traced to theft cases registered at P.S. e-Police Station Ranhola and P.S. Baba Haridas Nagar and were subsequently recovered from the plot of co-accused Arun Dhillu in Brij Ghera, Gurugram. Multiple recoveries followed, including clothes, mobile phones, and personal articles from the residences of Deepak @ Mota, Krishan Gopal, Sunil Meghwal, and Chanderbhan Nayak. The accused were also found to have stayed at a Dharamshala in Hanumangarh on 1^st April, 2022, from where the ID proofs of Deepak Kashyap and Krishan Gopal were recovered.

2.3. From the mobile phone of Chanderbhan Nayak, the police recovered several contact numbers, including that of co-accused Sachin Deshwal @ Sachin Bhanja, along with two voice messages dated 30^th March, 2022 (one

30 seconds and the other 11 seconds) sent by him. These messages contained instructions relating to extortion, naming the complainant, specifying the INR 1 Crore demand, outlining the execution plan, and referring to “Kala Jathedi”. FSL examination confirmed the voice to be that of Sachin Bhanja. Further, witness Punit Yadav, in his statement under Section 161 CrPC dated 23^rd June, 2022, stated that accused Mohit Dahiya @ Tinu had confessed to having passed information about the Complainant to co-accused Om Prakash Dagar @ Kala, and that the extortion was arranged by the gang of Lawrence Bishnoi and Kala Jathedi, with the intention of compelling the complainant and other shopkeepers in Uttam Nagar to pay regular extortion amounts.

2.4. Several accused were subsequently arrested, including the present Petitioner, who was formally arrested on 16^th June, 2022, while in custody in another case. He is the main mastermind, as his name appears in the voice notes as well as the three slips dropped at the Complaina