Delhi High Court
W.P.(CRL)/2106/2026 of SHIVDHAR UPADHYAY Vs STATE OF NCT OF DELHI THROUGH PRINCIPAL SECRETARY HOME & ORS. on 21 July 2026
Page 1 of 2 $~86 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2106/2026 & CRL.M.As. 21104-21105/2026 SHIVDHAR UPADHYAY .....Petitioner Through: Ms. Gunider Gill, Ms. Bonita Singh, Mr. Anoop Pandey, Advocates. versus STATE OF NCT OF DELHI THROUGH PRINCIPAL SECRETARY HOME & ORS.
W.P.(CRL) 2106/2026
$~86
*
IN THE HIGH COURT OF DELHI AT NEW DELHI
+
W.P.(CRL) 2106/2026 & CRL.M.As. 21104-21105/2026
SHIVDHAR UPADHYAY
.....Petitioner
Through:
Ms.
Gunider
Gill,
Ms.
Bonita
Singh,
Mr.
Anoop
Pandey,
Advocates.
versus
STATE
OF
NCT
OF
DELHI
THROUGH
PRINCIPAL
SECRETARY HOME & ORS.
.....Respondents
Through:
Mr. Amol Sinha, ASC.
CORAM:
HON’BLE MR. JUSTICE PRATEEK JALAN
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O R D E R
% 21.07.2026
1. The petitioner assails an order dated 06.04.2026, by which the Sessions Court dismissed his objection, as to its jurisdiction to deal with the appeal filed by respondent No. 3 against a judgment of acquittal dated 16.10.2024.
2. In the course of hearing, Ms. Gunider Gill, learned counsel for the petitioner, submits that the petitioner wishes to challenge the constitutional vires of the proviso to Section 372 of the Code of Criminal Procedure, 1973 [“CrPC”] as, according to her, there is an inherent contradiction between the said provision and Section 378 of the CrPC.
3. Although there are references in grounds XII and XIII of the petition that the proviso and consequent proceedings are unconstitutional, I notice that no such prayer is sought in the present petition. 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 23/07/2026 at 12:27:56
W.P.(CRL) 2106/2026
4. It has been pointed out to learned counsel that a constitutional challenge would have to be properly pleaded and a consequent relief sought, in which case the petition would have to be heard by a Division Bench, in accordance with the roster of the Court.
5. In order to file a comprehensive petition, including the challenge to the vires articulated above, Ms. Gill seeks permission to withdraw this petition, without prejudice to the remedies available to the petitioner in accordance with law.
6. The petition, alongwith pending applications, is dismissed as withdrawn in terms of the above.
7. It is clarified that this Court has not rendered any opinion on the maintainability or merits of any proposed challenge.
8. Needless to say, as notice has not been issued to the respondents, the rights and contentions of all parties remain reserved. PRATEEK JALAN, J JULY 21, 2026 “B/KA”/ 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 23/07/2026 at 12:27:56