Vikrant v. Union of India

1. The petitioner, who is otherwise with the 1831 Med Regt Artillery of the Army, which is situated at Assam, was given attachment in Delhi. He has been continuing on the said attachment in Delhi since 2019. The petitioner has now been directed to rejoin his parent regiment in Assam.

2. The petitioner is presently under trial in proceedings following FIR No. 281/2020, registered against him under Sections 304B read with Section 498A and Section 34 of the Indian Penal Code, 1860 at W.P.(C) 17038/2025 Police Station Vasant Kunj, New Delhi. The order of bail which was passed by a learned Single Judge of this Court in the said case specifically prohibits the petitioner from leaving the jurisdiction of the GNCTD without prior permission of the Trial Court.

3. The petitioner is thus placed in a situation in which there is a judicial order which has prohibited him from leaving the province of Delhi and an order by the respondents directing him to join his parent regiment at Assam.

4. With consent of parties, in these circumstances, we dispose of this writ petition by directing that the petitioner would not be required to rejoin duties at Assam, subject to liberty being reserved with the respondents to move an appropriate application and obtaining a modification of the restraint against the petitioner’s leaving the GNCTD.

5. The writ petition is disposed of in the aforesaid terms. Pending application, if any, also stands disposed of.

C.HARI SHANKAR, J OM PRAKASH SHUKLA, J NOVEMBER 11, 2025