Full Text
HIGH COURT OF DELHI
Date of Decision: 20.05.2026
15724/2026 MANISHA PANDE .....Petitioner
Through: Ms. Nandita Rao, Senior Advocate with Ms. Bani Dikshit, Mr. Uddhav Khanna, Mr. Dhruva Vig, Mr. Ankur Raghav and Mr. Ujjwal Sharma, Advocates.
Through: Mr. Percivial Billimoria, Senior Advocate with Mr. Jai Anant
Dehadrai, Ms. Priyamvada, Ms. Rachita Sood and Ms. Srutee Priyadarshini, Advocates for R-1.
Mr. Hemant Mehla, APP for State with SI Sunil Chandra, PS Malviya
Nagar.
JUDGMENT
1. Petitioner seeks quashing and setting aside of the order dated (ORAL) Date: 2026.05.20 05:14:18 +05'30' 04.05.2026 of the learned Court of Sessions, whereby in the course of preliminary hearing, after issuance of notice, operation of the trial court order was stayed till next date.
2. Learned senior counsel for petitioner has explained that the learned trial magistrate allowed application under Section 156(3) CrPC of the present petitioner, thereby directing registration of FIR against the present respondent no.1, which order was challenged by the present respondent no.1 by way of criminal revision. On the very first date, learned Court of Sessions stayed the operation of the order impugned before it. Hence, the present petition.
3. One of the major grievances of petitioner is that the impugned order, staying the order of the trial court was without any reasons.
4. Learned senior counsel for respondent no.1 on instructions accepts notice. Learned APP for State also accepts notice on behalf of respondent no.2.
5. Learned senior counsel for respondent no.1, in all fairness does not dispute that the order impugned in the present petition cannot be sustained for being not a reasoned order. However, I must make it clear that on merits of the impugned order, neither side has addressed.
6. Against the above backdrop, with consent of both sides, this petition is disposed of, setting aside the impugned order dated 04.05.2026 of the Date: 2026.05.20 05:14:39 +05'30' revisional court and the matter is remanded to the Court of Sessions with the directions to pass a reasoned order after hearing both sides. In view of nature of the proceedings, the learned Court of Sessions is requested to dispose of the stay application as expeditiously as possible, but positively within four weeks provided neither side takes any adjournment.
7. For further proceedings, both sides shall appear before the learned Court of Sessions on 22.05.2026 at 10:00 am.
8. Accompanying applications stand disposed of.
GIRISH KATHPALIA (JUDGE) MAY 20, 2026