IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. NO._____OF 2025

IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT
INDEX
S.No. PARTICULARS PAGE
NO.
1. NOTICE OF MOTION

2. URGENT APPLICATION

3. MEMO OF PARTIES

4. SYNOPSIS & LIST OF DATES &

EVENTS
5. CRL.M.C. NO. OF 2025
PETITION UNDER SECTION 482 OF
THE CODE OF CRIMINAL
PROCEDURE, 1973 / 528 OF THE
BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 FILED BEFORE THIS
HON’BLE COURT ARISING FROM
CRIMINAL REVISION PETITION NO. 35
OF 2025 BEFORE SH. DR. TARUN
SAHRAWAT, ASJ + SPL. JUDGE (NDPS),
SOUTH EAST DISTRICT, SAKET
 COURT, NEW DELHI FOR RECALLING
OF RESPONDENT FOR CROSS-
EXAMINATION IN CT CASE
637640/2016 BEFORE THE COURT OF
SH ABHITESH KUMAR LD. JMFC (NI
ACT) – 01, SOUTH EAST, SAKET
COURT ALONGWITH AFFIDAVIT
6. ANNEXURE P-1
TRUE COPY OF IMPUGNED ORDER
DATED 14.01.2025
7. ANNEXURE P-2
TRUE COPY OF ORDER DATED
07.03.2022
8. ANNEXURE P-3
TRUE COPY OF ORDER DATED
02.05.2022
9. ANNEXURE P-4
TRUE COPY OF ORDER DATED
25.05.2022
10. ANNEXURE P-5
TRUE COPY OF ORDER DATED
21.10.2024
11. ANNEXURE P-6 COLLY.
THE PHOTOCOPY OF MEDICAL
PRESCRIPTIONS ALONGWITH
CERTICATES
12. CRL.M.A. OF 2025
APPLICATION UNDER SECTION 482
OF THE CODE OF CRIMINAL
PROCEDURE 1973 / 528 OF THE
BHARATIYA NAGARIK SURAKSHA
SANHITA, 2023 SEEKING AN AD
INTERIM EX-PARTE STAY ALONGWITH
AFFIDAVIT.
13. CRL.M.A. OF 2025
APPLICATION UNDER SECTION 482
OF THE CODE OF CRIMINAL
PROCEDURE 1973 / 528 OF THE
BHARATIYA NAGARIK SURAKSHA
 SANHITA, 2023 SEEKING EXEMPTION
FROM FILING CERTIFIED COPIES OF
ANNEXURES/ORDER ALONGWITH
AFFIDAVIT.
14. VAKALATNAMA
15. PROOF OF SERVICE

NEW DELHI FILED BY

DATED: 12.02.2025

Adv. Niraj Jha & Associates

ENRL. NO. D-3405/2009
Chamber No. 578, Lawyer’s Chamber Block,
Patiala House Courts, New Delhi – 110001
Mob: 96506 18231
E-mail: Adv.niraj@hotmail.com
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT
NOTICE OF MOTION
To,
The Standing Counsel for GNCTD
Sir,

Petition under section 482 of the Code Of Criminal Procedure,

1973 / 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed
before this Hon’ble Court arising from Criminal Revision Petition
No. 35 Of 2025 before Sh. Dr. Tarun Sahrawat, ASJ + Spl. Judge
(NDPS), South East District, Saket Court, New Delhi for recalling
of Respondent for Cross-Examination in CT Case 637640/2016
before the Court of Sh Abhitesh Kumar Ld. JMFC (NI Act) – 01,
South East, Saket Court is likely to be listed on 14.02.2025.

NEW DELHI FILED BY

DATED: 12.02.2025

Adv. Niraj Jha & Associates

ENRL. NO. D-3405/2009
Chamber No. 578, Lawyer’s Chamber Block,
 Patiala House Courts, New Delhi – 110001
Mob: 96506 18231
E-mail: Adv.niraj@hotmail.com

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. NO._____OF 2025

IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT
URGENT APPLICATION
To,
The Ld. Registrar
Hon’ble High Court of Delhi at New Delhi
Sir,
The present Petition under section 482 of the Code of Criminal
Procedure, 1973 / 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 filed before this Hon’ble Court arising from Criminal
Revision Petition No. 35 of 2025 before Sh. Dr. Tarun Sahrawat,
ASJ + Spl. Judge (NDPS), South East District, Saket Court, New
Delhi. This appeal is filed in order to seek justice and to get rid of
the frivolous litigation that the Petitioner is going through.
In these circumstances, therefore, it is requested that the present
petition is listed for hearing before this Hon’ble Court at the earliest
on an urgent basis
NEW DELHI FILED BY
DATED: 12.02.2025

Adv. Niraj Jha & Associates

 ENRL. NO. D-3405/2009
Chamber No. 578, Lawyer’s Chamber Block,
Patiala House Courts, New Delhi – 110001
Mob: 96506 18231
E-mail: Adv.niraj@hotmail.com

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT
MEMO OF PARTIES
1. RAJVEER SHARMA PETITIONER
S/o M.L. Sharma
R/o 630, F/6, Govindpuri, Kalkaji,
New Delhi – 110019
VERSUS
2.DEVENDER CHAUDHARY RESPONDENT
S/o Late R.J. Chaudhary,
R/o H.No. 193/5, Govind Puri,
Kalkaji, New Delhi

NEW DELHI PETITIONER

DATED: 12.02.2025 THROUGH
COUNSEL

Adv. Niraj Jha & Associates

ENRL. NO. D-3405/2009
Chamber No. 578, Lawyer’s Chamber Block,
 Patiala House Courts, New Delhi – 110001
Mob: 96506 18231
E-mail: Adv.niraj@hotmail.com

SYNOPSIS
The Petitioner is constrained to invoke the jurisdiction of this
Hon’ble Court under Section 482 of The Code of Criminal
Procedure, 1973 / 528 of The Bharatiya Nagarik Suraksha Sanhita,
2023 filed before this Hon’ble Court arising from Criminal
Revision Petition No. 35 Of 2025 before Sh. Dr. Tarun Sahrawat,
ASJ + Spl. Judge (NDPS), South East District, Saket Court, New
Delhi, for recalling of the respondent for cross-examination in CT
CASE NO. 636740/2016 titled as “Devender Chaudhary Vs.
Rajveer Sharma” before Sh. Abhitesh Kumar, LD. JMFC (NI ACT)
– 01, SOUTH EAST, SAKET COURT. Also, the Petitioner is
constrained to invoke the jurisdiction of this Hon’ble Court under
Section 482 of The Code of Criminal Procedure, 1973 / 528 of The
Bharatiya Nagarik Suraksha Sanhita, 2023 filed before this Hon’ble
Court for passing an order for an interim ex-parte stay.
The Petitioner has given blank signed cheques to the respondent as
a security and not in discharge of any legally enforceable debt or
liability. But, the respondent having malicious intentions to procure
monetary benefits from the Petitioner via the cheque. Thereafter
the respondent filed a complaint case bearing CT CASE NO.
637640/2016 titled as “Devender Chaudhary Vs. Rajveer Sharma”
before Sh. Abhitesh Kumar, LD. JMFC (NI ACT) – 01, SOUTH
EAST, SAKET COURT.
The Petitioner being an old age person is suffering from lot
ailments such as chronic bronchitis, asthmatic bronchitis,
hypertension, diabetes. This fact is also corroborated from the
records of similarly situated matter against the Petitioner bearing
no. CT CASES NO. 11835/2019 titled as “Arun Shukla Vs.
Rajveer Sharma” wherein it was pointed out vide an order dated
02.05.2022 passed by Ld MM (NI ACT), South-East, Saket, New
Delhi, wherein the statement of Dr. Vishwanath was recorded as
under:
“Dr. Vishwanath submits that the accused is
suffering from chronic bronchitis and
asthmatic bronchitis, Dr Vishwanath is
discharged.
The counsel for accused is directed to
furnish the medical documents of the
accused regarding the current health
situation of the accused.”
Also, in the CT CASE No. 637640/2016 via an order dated
07.03.2022, the last opportunity for the Petitioner to cross-examine
the respondent was given but the same could not been conducted
due to his health issues which is prima facie evident from the above
statement. Thereafter, vide order dated 25.05.2022, the opportunity
for cross-examination of the respondent was closed without
considering the medical records. After this, an application u/s 311
of the Code of Criminal Procedure was filed for recalling the
complainant for cross-examination on the grounds of medical but
the same was dismissed via an order dated 21.10.2024.
After all these, Petitioner filed a Criminal Revision Petition bearing
no. 35/2025 titled as “Rajveer Sharma Vs. Devender Chaudhary”
before Sh. Dr. Tarun Sahrawat, ASJ + Spl. Judge (NDPS), South
East District, Saket Court, New Delhi, and the same was dismissed
on 14.01.2025 on the grounds that no medical records of the
Petitioner were provided to the Ld. Trial Court. However, the same
was incorrect and unreasonable. It is submitted that assuming no
medical records was provided at the time of filing of application u/s
311 Cr.P.C is incorrect as the said records are already there on
record before the Ld. Trial Court but the same was not considered.
The Ld. Trial Court even do not record the statement of accused u/s
313 of the Code of Criminal Procedure so that defense of
Petitioner /Accused may come on record. Ld. Trial Court has also
not given an opportunity to lead defence evidence u/s 315 of Cr.P.C
and directly put up the case for Final Arguments.

LIST OF DATES/EVENTS
2016 Complaint Case bearing CT CASE NO.
636740/2016, titled as “Devender
Chaudhary Vs. Rajveer Sharma” before Sh.
Abhitesh Kumar, LD. JMFC (NI ACT) – 01,
SOUTH EAST, SAKET COURT was filed
by the respondent.
2019 Complaint Case bearing CT CASES
NO. 11835/2019 titled as “Arun Shukla Vs.
Rajveer Sharma” before Sh. Bhanu Pratap
Singh Ld MM (NI ACT), South-East, Saket,
New Delhi.
07.03.2022 Last opportunity for cross-examination
of respondent was given in CT CASE NO.
636740/2016, titled as “Devender
 Chaudhary Vs. Rajveer Sharma” before Sh.
Abhitesh Kumar, LD. JMFC (NI ACT) – 01,
SOUTH EAST, SAKET COURT, via order
dated 07.03.2022.
02.05.2022 Statement of Dr. Vishwanath (Treating
doctor of Petitioner ) was recorded in CT
CASES NO. 11835/2019 titled as “Arun
Shukla Vs. Rajveer Sharma” before Sh.
Bhanu Pratap Singh Ld MM (NI ACT),
South-East, Saket, New Delhi, via order
dated 02.05.2022.
25.05.2022 Opportunity for cross-examining the
respondent in CT CASE NO. 636740/2016,
titled as “Devender Chaudhary Vs. Rajveer
Sharma” before Sh. Abhitesh Kumar, LD.
JMFC (NI ACT) – 01, SOUTH EAST,
SAKET COURT was closed via order dated
25.05.2022.
21.10.2024 The application u/s 311 of the Code of
Criminal Procedure for recalling of
respondent for cross-examination in CT
CASE NO. 636740/2016, titled as
“Devender Chaudhary Vs. Rajveer Sharma”
before Sh. Abhitesh Kumar, LD. JMFC (NI
ACT) – 01, SOUTH EAST, SAKET COURT
was dismissed via order dated 21.10.2024.
10.01.2025 Criminal Revision Petition bearing no.
35/2025 before Sh. Dr. Tarun Sahrawat, ASJ
+ Spl. Judge (NDPS), South East District,
 Saket Court, New Delhi was filed
challenging the order of dismissal of the
application u/s 311 of the Code of Criminal
Procedure for recalling of respondent for
cross-examination in CT CASE NO.
636740/2016, titled as “Devender
Chaudhary Vs. Rajveer Sharma” before Sh.
Abhitesh Kumar, LD. JMFC (NI ACT) – 01,
SOUTH EAST, SAKET COURT dated
21.10.2024. Also, the medical prescriptions
were attached with the petition.
14.01.2025 The Criminal Revision Petition No. 35/2025
was dismissed via order dated 14.01.2025 by
Sh. Dr. Tarun Sahrawat, ASJ + Spl. Judge
(NDPS), South East District, Saket Court,
New Delhi. Herein referred to as the
impugned order.
12.02.2025 Hence, the present Criminal Appeal.
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT

PETITION UNDER SECTION 482 OF THE CODE OF

CRIMINAL PROCEDURE, 1973 / 528 OF THE BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023 FILED BEFORE THIS
HON’BLE COURT ARISING FROM CRIMINAL REVISION
PETITION NO. 35 OF 2025 BEFORE SH. DR. TARUN
SAHRAWAT, ASJ + SPL. JUDGE (NDPS), SOUTH EAST
DISTRICT, SAKET COURT, NEW DELHI FOR RECALLING OF
RESPONDENT FOR CROSS-EXAMINATION IN CT CASE
637640/2016 BEFORE THE COURT OF SH ABHITESH KUMAR
LD. JMFC (NI ACT) – 01, SOUTH EAST, SAKET COURT.

TO,
THE HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUDGES OF
THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
 THE HUMBLE
APPLICATION ON
BEHALF OF THE
PETITIONER ABOVE-
NAMED IS AS UNDER:-
MOST RESPECTFULLY SHOWETH:-

1. That the present Petition under section 482 Cr.P.C / 528 BNSS is
being preferred against the order dated 14.01.2025 filed before this
Hon’ble for the impugned order dated 14.01.2025 arising out of
Criminal Revision Petition No. 35 OF 2025 before Sh. Dr. Tarun
Sahrawat, ASJ + Spl. Judge (NDPS), South East District, Saket
Court, New Delhi, whereby recalling of the respondent for cross-
examination was dismissed. True Copy of impugned order dated
14.01.2025 is annexed and marked herewith as ANNEXURE P-1.

2. That the Petitioner has not filed any other or similar petition
seeking same/similar relief either before this Hon’ble Court or any
other Court.

3. That the Petitioner is aggrieved by the said order on the grounds

mentioned hereinafter.

4. That the brief facts of the case are as follows:-

a) The Petitioner has given blank signed cheques to the
respondent as a security and not in discharge of any legally
enforceable debt or liability. But, the respondent having
malicious intentions to procure monetary benefits from the
Petitioner via the cheque.
b) Thereafter the respondent filed a complaint case bearing CT
CASE NO. 637640/2016 titled as “Devender Chaudhary Vs.
Rajveer Sharma” before Sh. Abhitesh Kumar, LD. JMFC (NI
ACT) – 01, SOUTH EAST, SAKET COURT.
c) That in the CT CASE No. 637640/2016 via an order dated
07.03.2022, the last opportunity for the Petitioner to cross-
examine the respondent was given. True Copy of order dated
07.03.2022 is annexed and marked herewith as ANNEXURE
P-2

d) The Petitioner being an old age person is suffering from lot

ailments such as chronic bronchitis, asthmatic bronchitis,
hypertension, diabetes. This fact is also corroborated from the
records of similarly situated matter against the Petitioner
bearing no. CT CASES NO. 11835/2019 titled as “Arun
Shukla Vs. Rajveer Sharma” wherein it was pointed out vide
an order dated 02.05.2022 passed by Ld MM (NI ACT), South-
East, Saket, New Delhi, wherein the statement of Dr.
Vishwanath was recorded. True copy of order dated 02.05.2022
is annexed and marked herewith as ANNEXURE P-3

e) That the opportunity for cross-examining the respondent was

closed by the order dated 25.05.2022 passed by Ld.MM (N.I.
ACT)/South-East, Saket New Delhi. True copy of order dated
25.05.2022 is annexed and marked herewith as ANNEXURE
P-4.

f) That an application u/s 311 of the Code of Criminal Procedure

was filed for recalling the complainant for cross-examination,
 and the same was dismissed vide order dated 21.10.2024. True
copy of order dated 21.10.2024 is annexed and marked
herewith as ANNEXURE P-5.

g) That after all these, Petitioner filed a Criminal Revision

Petition bearing no. 35/2025 titled as “Rajveer Sharma Vs.
Devender Chaudhary” before Sh. Dr. Tarun Sahrawat, ASJ +
Spl. Judge (NDPS), South East District, Saket Court, New
Delhi, and the same was dismissed despite considering that
medical records of the Petitioner were already on record
before the Ld. Trial Court, However the revision petition was
dismissed on 14.01.2025.

5. That the Petitioner had sought the recalling of the respondent for
cross-examination to bring out material contradictions and
omissions in the testimony.

6. That due to the chronic health issues of the Petitioner , he was

unable to establish contact with his counsel, which resulted in
failing to appear for cross-examination.

7. That the medical records which were already part of the Ld. Trial
Court were also in the Criminal Revision Petition record but the
Ld. Court erred in understanding the situation through which
Petitioner was going through. The photocopy of medical records
and certificate are annexed and marked herewith as ANNEXURE
P-6 Colly.
8. That the Ld. Court erred by dismissing the abovementioned
Criminal Revision Petition without proper appreciation of the
necessity of cross-examination in ensuring a fair trial.

9. That the Ld. Court dismissed the abovementioned Criminal

Revision Petition with a gross remark that:

“Having heard the submissions and perused the

copies of the documents placed on record, I find
firstly, that the revisionist has not placed on
record any medical documents pertaining to the
relevant dates of hearing i.e. 07.03.2022,
25.05.2022 and 21.10.2024 (the date of impugned
order). Not even a single document placed on
record shows that the revisionist/accused was
advised bed rest or that he was not able to appear
before the Ld. Court concerned due to the medical
reasons on the aforementioned dates of hearing.
Besides that, on perusal of the impugned order, I
find that the Ld. Trial Court has categorically
observed that the counsel had been appearing on
behalf of the accused/revisionist herein from the
very outset and that the accused/revisionist herein
was given ample opportunity not only to appear
but also to cross-examine the
complainant/respondent herein and thus, the
reasons that the accused/revisionist was suffering
from various ailments cannot be sufficient ground
to recall the complainant for cross-examination
 and in view of the circumstances, the application
u/s 311 Cr.P.C. for recalling of the
complainant/respondent herein was dismissed.”

10.That the Ld. Court grossly erred while going through the medical
prescriptions, which were submitted by the Petitioner , as the dates
of those medical prescriptions are close to the Court dates.
11.That the dismissal of the application for recalling of the respondent
for cross-examination has resulted in grave prejudice to the
Petitioner and has affected the Petitioner ’s right to fair trial.
12.That the Ld. Trial Court even do not record the statement of
accused u/s 313 of the Code of Criminal Procedure so that defense
of Petitioner /Accused comes on record. Ld. Trial Court has also
not given an opportunity to lead defence evidence u/s 315 of Cr.P.C
and directly put up the case for Final Arguments.
13.That the judgement of the Ld. Trial Court is perverse and against
the law. Hence, the present appeal on the following grounds
amongst others is being filed.

GROUNDS OF APPEAL:

A. That the impugned order dated 14.01.2025 is against the

principles of natural justice,

B. Because the Ld. Trial Court failed to appreciate that the

Petitioner has given blank signed cheques to the respondent as a
security and not in discharge of any legally enforceable debt or
liability. But, the respondent having malicious intentions to
procure monetary benefits from the Petitioner via the cheque.
 Thereafter the respondent filed a complaint case bearing CT
CASE NO. 637640/2016 titled as “Devender Chaudhary Vs.
Rajveer Sharma” before Sh. Abhitesh Kumar, LD. JMFC (NI
ACT) – 01, SOUTH EAST, SAKET COURT.

C. Because the Ld. Trial Court failed to appreciate that the

Petitioner being an old age person is suffering from lot ailments
such as chronic bronchitis, asthmatic bronchitis, hypertension,
diabetes which is part of record.

D. Because the dismissal of revision petition on the grounds that no

medical records of the Petitioner were provided to the Ld. Trial
Court. However, the same was incorrect and unreasonable.

E. Because the Ld. Trial Court even do not record the statement of
accused u/s 313 of the Code of Criminal Procedure so that
defense of Petitioner /Accused may come on record. Ld. Trial
Court has also not given an opportunity to lead defence evidence
u/s 315 of Cr.P.C and directly put up the case for Final
Arguments.

PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may
kindly be pleased to:-

i) Set aside the order dated 14.01.2025 arising out of

Criminal Revision Petition No. 35 OF 2025 before
 Sh. Dr. Tarun Sahrawat, ASJ + Spl. Judge (NDPS),
South East District, Saket Court, New Delhi; and/or

ii) Set aside the order dated 21.10.2024 and Allow the
Petitioner ’s application for recalling the respondent
for cross-examination in CT Case No. 637640/2016
before the Court of Sh. Abhitesh Kumar, Ld. JMFC
(NI ACT) – 01, SOUTH EAST, SAKET COURT;
and/or

iii) Pass any other or similar order deemed fit and

appropriate by this Hon’ble Court in the given facts
and circumstances of the case in hand and in the
interest of justice

AND FOR THIS ACT OF KINDNESS

APPLICANT/PETITIONER AS IN DUTY BOUND SHALL
EVER PRAY

NEW DELHI PETITIONER

DATED: 12.02.2025 THROUGH
COUNSEL

Adv. Niraj Jha & Associates

ENRL. NO. D-3405/2009
Chamber No. 578, Lawyer’s Chamber Block,
Patiala House Courts, New Delhi – 110001
Mob: 96506 18231
E-mail: Adv.niraj@hotmail.com
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT

AFFIDAVIT OF RAJVEER SHARMA AGED ABOUT 60

YEARS, S/O M.L. SHARMA, R/O 630 F/6, GOVINDPURI,
KALKAJI, NEW DELHI – 19.
I, Rajveer Sharma, the above-named deponent do hereby solemnly
affirm and declare as under:-
1. That I am the Petitioner in the abovementioned Criminal
Appeal and as such am well conversant with the facts and
circumstances of the instant case. Hence am competent to
swear this affidavit.
 2. That accompanying Criminal Appeal has been drafted by my
counsel under my instructions, the contents of the aforesaid
have been read over to me in vernacular Hindi language and
the contents thereof, except the legal averments contained
therein are true and correct on the basis of the legal advice
received by me and believed by me to be true and correct. The
contents of the accompanying Criminal Appeal may be read as
part of this Affidavit and the same are not being repeated
herein for the sake of brevity and to avoid prolixicity.

3. That no part of this Affidavit is false and no material facts have

been concealed therefrom.

DEPONENT

VERIFICATION:-
I, Rajveer Sharma, the above-named deponent, do hereby verify
that the contents of the above Affidavit from Para No. 1 to 3 have
been read and understood by me and the contents of the same are
true and correct to the best of my knowledge and belief. No part of
this Affidavit is false and nothing has been concealed therefrom.

Verified at __________________ on this ____ day of

______________ 2025

DEPONENT
 IN THE HIGH COURT OF DELHI AT NEW DELHI
CRIMINAL M.A. NO. _____OF 2025
IN
CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT

APPLICATION UNDER SECTION 482 OF THE CODE OF

CRIMINAL PROCEDURE, 1973 / 528 OF THE BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023 SEEKING AN AD
INTERIM EX-PARTE STAY.

TO,
THE HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUDGES OF
 THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
THE HUMBLE
APPLICATION ON
BEHALF OF THE
PETITIONER ABOVE-
NAMED IS AS UNDER:-

MOST RESPECTFULLY SHOWETH:-

1. That the Applicant/Petitioner is filing the present application under

Section 482 of the Code of Criminal Procedure, 1973 / Section
528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking an
ad-interim ex-parte stay of the impugned proceedings pending
before Sh. Abhitesh Kumar, LD. JMFC (NI ACT) – 01, SOUTH
EAST, SAKET COURT bearing CT CASE NO. 636740/2016,
titled as “Devender Chaudhary Vs. Rajveer Sharma”.
2. That the contents of the said Criminal Appeal are not being
repeated herein for the sake of brevity. However,
Applicant/Petitioner seeks permission to rely on the same at the
time of hearing the present Criminal Appeal.
3. That the Applicant/Petitioner has strong reasons to prove the case
in his favor, and the balance of convenience also lies in favor of the
Applicant/Petitioner . If the impugned proceedings are not stayed,
the Applicant/Petitioner will suffer irreparable loss and injury.
4. That grave prejudice will be caused to the Applicant/Petitioner if
an ad-interim ex-parte stay is not granted by this Hon’ble Court,
and the Applicant/Petitioner will be subjected to unnecessary
harassment and humiliation.
5. That the present application is made in the interest of justice and to
prevent the abuse of the process of law.

PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may
kindly be pleased to:-

a) Grant an ad-interim ex-parte stay of the proceedings in CT

CASE NO. 636740/2016, titled as “Devender Chaudhary Vs.
Rajveer Sharma before Sh. Abhitesh Kumar, LD. JMFC (NI
ACT) – 01, SOUTH EAST, SAKET COURT; and/or
b) Pass any other or similar order deemed fit and appropriate by
this Hon’ble Court in the given facts and circumstances of the
case in hand and in the interest of justice.

AND FOR THIS ACT OF KINDNESS

APPLICANT/PETITIONER AS IN DUTY BOUND SHALL
EVER PRAY

NEW DELHI FILED BY

DATED: 12.02.2025

Adv. Niraj Jha & Associates

ENRL. NO. D-3405/2009
Chamber No. 578, Lawyer’s Chamber Block,
Patiala House Courts, New Delhi – 110001
Mob: 96506 18231
E-mail: Adv.niraj@hotmail.com
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL M.A. NO. _____OF 2025

IN
CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT

AFFIDAVIT OF RAJVEER SHARMA AGED ABOUT 60

YEARS, S/O M.L. SHARMA, R/O 630 F/6, GOVINDPURI,
KALKAJI, NEW DELHI – 19.
I, Rajveer Sharma, the above-named deponent do hereby solemnly
affirm and declare as under:-
1. That I am the Petitioner in the abovementioned Criminal
Appeal and as such am well conversant with the facts and
 circumstances of the instant case. Hence am competent to
swear this affidavit.

2. That accompanying Application/CRL.M.A. has been

drafted by my counsel under my instructions, the contents
of the aforesaid have been read over to me in vernacular
Hindi language and the contents thereof, except the legal
averments contained therein are true and correct on the
basis of the legal advice received by me and believed by
me to be true and correct. The contents of the
accompanying Criminal Appeal may be read as part of
this Affidavit and the same are not being repeated herein
for the sake of brevity and to avoid prolixicity.

3. That no part of this Affidavit is false and no material facts

have been concealed therefrom.

DEPONENT

VERIFICATION:-
I, Rajveer Sharma, the above-named deponent, do hereby verify
that the contents of the above Affidavit from Para No. 1 to 3 have
been read and understood by me and the contents of the same are
true and correct to the best of my knowledge and belief. No part of
this Affidavit is false and nothing has been concealed therefrom.

Verified at __________________ on this ____ day of

______________ 2025
 DEPONENT

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL M.A. NO. _____OF 2025

IN
CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT
APPLICATION UNDER SECTION 482 OF THE CODE OF
CRIMINAL PROCEDURE, 1973 / 528 OF THE BHARATIYA
NAGARIK SURAKSHA SANHITA, 2023 SEEKING
EXEMPTION FROM FILING CERTIFIED COPIES OF
ANNEXURES/ORDER

TO,
THE HON’BLE CHIEF JUSTICE
AND HIS COMPANION JUDGES OF
 THE HON’BLE HIGH COURT OF DELHI
AT NEW DELHI
THE HUMBLE
APPLICATION ON
BEHALF OF THE
PETITIONER ABOVE-
NAMED IS AS UNDER:-

MOST RESPECTFULLY SHOWETH:-

1. That the present application is being filed for seeking exemption
from filing certified copies of Annexure/Order being filed along
with Petition under section 482 of the Code Of Criminal Procedure,
1973 / 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed
before this hon’ble court arising from criminal revision petition no.
35 of 2025 before Sh. Dr. Tarun Sahrawat, ASJ + SPL. Judge
(NDPS), South East District, Saket.

2. That the contents of the said Criminal Appeal are not being repeated
herein for the sake of brevity. However, Applicant/Petitioner seeks
permission to rely on the same at the time of hearing the present
Criminal Appeal.

3. That the Applicant/Petitioner , due to paucity of time, could not

obtain certified copies of annexures/orders. However, the same is
submitted to be filed at a later stage as soon as the same is available
with the Applicant/Petitioner or as and when this Hon’ble Court
orders for the same to be filed.
4. That in these circumstances, if the present application is not
allowed, it will be a prejudice to the rights of the
Applicant/Petitioner .

PRAYER
It is therefore, most respectfully prayed that this Hon’ble Court may
kindly be pleased to:-
a) Allow the application and exempt the filing of certified
copy of annexures/orders; and/or
b) Pass any other or similar order deemed fit and
appropriate by this Hon’ble Court in the given facts and
circumstances of the case in hand and in the interest of
justice.

AND FOR THIS ACT OF KINDNESS

APPLICANT/PETITIONER AS IN DUTY BOUND SHALL
EVER PRAY

NEW DELHI FILED BY

DATED: 12.02.2025

Adv. Niraj Jha & Associates

ENRL. NO. D-3405/2009
Chamber No. 578, Lawyer’s Chamber Block,
Patiala House Courts, New Delhi – 110001
Mob: 96506 18231
E-mail: Adv.niraj@hotmail.com
 IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL M.A. NO. _____OF 2025

IN
CRL.M.C. NO._____OF 2025
IN THE MATTER OF:-
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT

AFFIDAVIT OF RAJVEER SHARMA AGED ABOUT 60

YEARS, S/O M.L. SHARMA, R/O 630 F/6, GOVINDPURI,
KALKAJI, NEW DELHI – 19.
I, Rajveer Sharma, the above-named deponent do hereby solemnly
affirm and declare as under:-
1. That I am the Petitioner in the abovementioned Criminal
Appeal and as such am well conversant with the facts and
circumstances of the instant case. Hence am competent to
swear this affidavit.

2. That accompanying Application/CRL.M.A. has been

drafted by my counsel under my instructions, the contents
of the aforesaid have been read over to me in vernacular
Hindi language and the contents thereof, except the legal
averments contained therein are true and correct on the
basis of the legal advice received by me and believed by
me to be true and correct. The contents of the
accompanying Criminal Appeal may be read as part of
this Affidavit and the same are not being repeated herein
for the sake of brevity and to avoid prolixicity.

3. That no part of this Affidavit is false and no material facts

have been concealed therefrom.

DEPONENT

VERIFICATION:-
I, Rajveer Sharma, the above-named deponent, do hereby verify
that the contents of the above Affidavit from Para No. 1 to 3 have
been read and understood by me and the contents of the same are
true and correct to the best of my knowledge and belief. No part of
this Affidavit is false and nothing has been concealed therefrom.
 Verified at __________________ on this ____ day of
______________ 2025

DEPONENT

BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

138 NI ACT
IN THE MATTER OF:
RAJVEER SHARMA PETITIONER
VERSUS
DEVENDER CHAUDHARY RESPONDENT
V A K A L A T N A MA
know all to whom these presents shall come that I, Rajveer Sharma, the above-named
Petitioner , do hereby appoint:
Niraj Jha Advocate and His Associates
578,PATIALA HOUSE COURTS, NEW DELHI-01, 9650618231,
adv.niraj@hotmail.com
Hereinafter called Advocate (s) to be my/our Advocates in the above noted case and
authorized him:
To act, appear and plead in the above noted case in the Court or in any other Court in which
the same may be tried or heard and also in the Appellate Court including High Court subject
to payment of fees separately for each Court by me/us.
To sign, file verify and present dealings, appeals cross objections, or petitions for execution,
review, revision, withdrawal, compromise or other petitions or affidavits or other documents
as may be deemed necessary or proper for the prosecution of said case in all its stages.
To file and take back documents to admit and/or deny the documents of opposite party.
To withdraw or compromise the said case or submit to arbitration any differences or disputes
the may arise touching or in any manner relating to the said case. To take out execution
proceedings.
To deposit, draw and receive money cheques/cash and grant receipts thereof and to all other
acts and things which may be necessary to be done for the progress and in the course to
prosecution of the said case.
To appoint and instruct any other Legal Practitioner authorizing him to exercise the power
and authority hereby conferred upon the Advocate whenever he may think fit to do so and
sign the Power of Attorney on our behalf.
And I/we the undersigned do hereby agree to rectify and confirm act as if done by the
Advocate or his substitute in the matter as my/our own acts, as if done by me/us to intents
and purposes.
And I/we undertake that I/we or my/our duty authorized agent would appear in the Court on
all hearings will inform he Advocates for appearance when case is called.
And I/we the undersigned does hereby agree not to hold the Advocate or their substitute
responsible for the result of the said case. The adjournment costs whenever ordered by the
Court shall be of the Advocate, which he shall receive and retain himself.
IN WITNESS WHEREOF I/WE do hereunto set my/our hand to these presents the contents
of which have been understood by me/us on this _______day of ______________, 2025

Accepted subject to the terms of fees

__________________________ _______________________
CLIENT

Advocates (signatures with enrolment numbers). I identify the signatures of the clients
who have
signed in my presence