Delhi High Court – Orders
Kamal Kumar vs The State Nct Of Delhi & Anr on 12 February, 2026
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1195/2026
KAMAL KUMAR .....Petitioner
Through: Mr. Gaurav, Mr. B.K. Gautam, Mr.
Pankaj, Mr. Jaseph and Mr. Ankit
Sehrawat, Advocates.
versus
THE STATE NCT OF DELHI & ANR. .....Respondents
Through: Ms. Richa Dhawan, APP for the
State.
SI Preeti, DIU Mandir Marg, New
Delhi.
Mr. Rajiv Sirohi and Ms. Sonika,
Advocates for R-2.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 12.02.2026
CRL.M.A. 4780/2026 (exemption)
Exemption granted, subject to just exceptions.
Let requisite compliances be made within 01 week.
The application stands disposed of.
CRL.M.C. 1195/2026 & CRL.M.A. 4779/2026 (stay)
By way of the present petition filed under section 528 of the
Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner inter-alia
seeks quashing of case FIR No.201/2024 dated 07.10.2024 registered
under section 376 of the Indian Penal Code 1860 (‘IPC‘) at P.S.:
CRL.M.C. 1195/2026 Page 1 of 3
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Connaught Place, Delhi. Consequent upon completion of
investigation, offences under sections 313/323/120B/109/34 IPC have
been added vide chargesheet dated 20.03.2025.
2. Learned counsel appearing for the petitioner submits, that the
petitioner is the father of one Nitin Jain, against whom the subject FIR
was registered.
3. Counsel submits, that dehors the allegations against Nitin Jain, a
perusal of the chargesheet, in which the petitioner’s name was added,
would show that the only allegation against the petitioner is that he
was present at the UDS Villa, Connaught Place, New Delhi; and also
at his home, when a certain abortion pill was administered to the
complainant to terminate her pregnancy.
4. Counsel further submits, that it is also alleged in the chargesheet that
the petitioner, alongwith other family members of Nitin Jain, “made
the complainant believed with common intention at UDS Villa on
02/02/2024 that the main accused Nitin Jain would marry her, after
that only complainant gave her consent for physical relation with
accused Nitin Jain which is immaterial”.
5. Counsel submits, that apart from the aforesaid vague, non-specific
and overbroad allegations, no role has been ascribed to the petitioner
in the chargesheet.
6. The court is also informed, that in connected matters filed by other
family members of Nitin Jha, this court had already stayed further
proceedings in the FIR pending before the learned trial court against
those persons.
7. Issue notice.
CRL.M.C. 1195/2026 Page 2 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/02/2026 at 20:30:35
8. Ms. Richa Dhawan, learned APP for the State; and Mr. Rajiv Sirohi,
learned counsel for respondent No.2 appear on advance copy; accept
notice; and draw attention to the allegations contained in the
chargesheet, to submit that it is evident that the petitioner was
complicit in the offence committed by his son, Nitin Jain.
9. Learned counsel for the respondents seek time to file status
report/counter-affidavit.
10. Let status report/counter-affidavit to the petition as well as CRL.M.A.
No. 4779/2026 be filed within 06 weeks; replies/rejoinder(s) thereto,
if any, be filed within 04 weeks thereafter; with copies to the
opposing counsel.
11. Considering the allegations against the petitioner as contained in the
chargesheet; and after hearing learned counsel for the parties, on a
prima-facie view of the matter, further proceedings in case FIR
No.201/2024 dated 07.10.2024 pending before the learned trial court
shall remain stayed qua the petitioner, till the next date of hearing
before this court.
12. Re-notify on 15th May 2026.
ANUP JAIRAM BHAMBHANI, J
FEBRUARY 12, 2026/ak
CRL.M.C. 1195/2026 Page 3 of 3
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 19/02/2026 at 20:30:35
