Delhi High Court
W.P.(CRL)/1987/2026 of SANJAY TIWARI Vs THE STATE (NCT OF DELHI) on 28 July 2026
Page 1 of 3 $~101 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1987/2026 SANJAY TIWARI .....Petitioner Through: Mr. Rakesh Tiku, Sr. Advocate with Mr. Shahit Ali, Mr. Ameer Tayyeb, Advocates with petitioner in person. versus THE STATE (NCT OF DELHI) .....Respondent Through: Mr. Rahul
W.P.(CRL) 1987/2026
$~101
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+
W.P.(CRL) 1987/2026
SANJAY TIWARI
.....Petitioner
Through:
Mr. Rakesh Tiku, Sr. Advocate
with Mr. Shahit Ali, Mr. Ameer
Tayyeb, Advocates with petitioner
in person.
versus
THE STATE (NCT OF DELHI)
.....Respondent
Through:
Mr. Rahul Tyagi, ASC with Mr.
Sangeet Sibou, Ms. Priya Rai, Mr.
Shubham
Goyal,
Mr.
Aniket
Kumar Singh, Mr. Priyansh Raj
Singh,
Advocates.
SI
Manoj
Kumar, PS-Chanakyapuri.
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN
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O R D E R
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28.07.2026 CRL.M.A. 22286/2026 (for early hearing) This is an application filed by the petitioner seeking early hearing of the captioned petition. For the reasons stated, and with the consent of Mr. Rahul Tyagi, learned Additional Standing Counsel, the petition is taken up for hearing. The application stands disposed of. W.P.(CRL) 1987/2026
1. The petitioner is an accused in proceedings arising out of FIR No. 207/2007, dated 10.10.2007, registered at Police Station Chanakyapuri,
W.P.(CRL) 1987/2026
New Delhi, under Sections 419, 420, 511 and 120B of the Indian Penal Code, 1860.
2. By way of this petition under Article 226 of the Constitution, the petitioner seeks a direction upon the Trial Court to record his statement afresh under Section 313 of the Code of Criminal Procedure, 1973 [“CrPC”], in accordance with law.
3. Notice was issued on 10.07.2026, and Mr. Tyagi had sought time to take instructions. Pursuant thereto, Mr. Tyagi submits, without entering into the merits of the statement under Section 313 of the CrPC already recorded, the Court may permit the petitioner to file a written statement, as contemplated under Section 313(5) of the CrPC.
4. Section 313 of CrPC reads as follows: “Section 313. Power to examine the accused.
(1) In every inquiry or trial, for the purpose of enabling the accused personally to explain any circumstances appearing in the evidence against him, the Court (a) may at any stage, without previously warning the accused put such questions to him as the Court considers necessary; (b) shall, after the witnesses for the prosecution have been examined and before he is called on for his defence, question him generally on the case: Provided that in a summons-case, where the Court has dispensed with the personal attendance of the accused, it may also dispense with his examination under clause (b).
(2) No oath shall be administered to the accused when he is examined under sub-section (1).
(3) The accused shall not render himself liable to punishment by refusing to answer such questions, or by giving false answers to them.
(4) The answers given by the accused may be taken into consideration in such inquiry or trial, and put in evidence for or against him in any other inquiry into, or trial for, any other offence which such answers may tend to show he has committed.
W.P.(CRL) 1987/2026
1[(5) The Court may take help of Prosecutor and Defence Counsel in preparing relevant questions which are to be put to the accused and the Court may permit filing of written statement by the accused as sufficient compliance of this section.]”
5. Mr. Rakesh Tiku, learned Senior Counsel for the petitioner, accepts the aforesaid suggestion, and submits that the petitioner will file a written statement before the Sessions Court within ten days from today, as sufficient compliance of Section 313 of CrPC.
6. As no further orders are required, the petition, alongwith pending applications, is disposed of in these terms.
7. Next date of hearing already fixed, i.e. 13.08.2026, stands cancelled.
8. Copy of this order be given dasti under the signature of the Court Master. PRATEEK JALAN, J JULY 28, 2026 ‘B’/AN/