Delhi High Court - Orders
Sameer Dyandev Wankhede, Irs vs Union Of India And Others on 6 January, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3131/2022 & CRL.M.A. 27698/2022,
CRL.M.A.27699/2022
SAMEER DYANDEV WANKHEDE, IRS ..... Petitioner
Through: Mr. S.K. Srivastava, Ms. Garima
Singh, Mr. Prince Kumar & Mr. D.D.
Verma, Advocates.
versus
UNION OF INDIA AND OTHERS ..... Respondents
Through: Mr. Kirtiman Singh, CGSC with
Mr.Waize Ali Noor, Ms. Kunjala
Bhardwaj, Ms. Vidhi Jain, Ms. Shreya
Mehra, Mr. Madhav Bajaj &
Ms.Durgeshnan Dini, Advocates for
R1, 2, 5 and 6.
Mr. Ravinder Agarwal, Advocate for
R-3 via video-conferencing.
Mr. Rajesh Kumar, SPP with
Ms.Mishika Pandita, Advocate for R-
4/CBI.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 06.01.2023 CRL.M.A. Nos. 27696-97/2022 (Exemptions) Exemptions granted, subject to just exceptions. Let requisite compliances be made within 01 week. The applications stand disposed of.
W.P.(CRL) 3131/2022 A perusal of the present petition filed under Articles 226 and 227 read with Articles 13, 14, 16, 20 & 21 of the Constitution of India and Section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.') Signature Not Verified Digitally Signed W.P.(CRL) 3131/2022 Page 1 of 2 By:NEERAJ Signing Date:10.01.2023 16:38:05 shows that the intimation/communication/reference alleged to have been made by respondent No. 6 to the CBI in relation to the petitioner, which the petitioner seeks to impugn, is not on record.
2. Mr. S.K. Srivastava, learned counsel appearing for the petitioner submits that the petitioner does not have a copy of such communication.
3. Absent such communication, the petition is bereft of the very foundation on which it is sought to be premised.
4. Furthermore, in the absence of such communication, the very territorial jurisdiction of this court to entertain the present petition, is also in doubt.
5. In view of above, after making some submissions, counsel for the petitioner seeks leave to withdraw the present petition, with liberty to adopt appropriate remedies before the competent court, as may be available to the petitioner, in accordance with law.
6. The petition is accordingly disposed-of as withdrawn, with liberty as aforesaid, without expressing any opinion on the merits of the matter.
7. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J.
JANUARY 6, 2023/uj Signature Not Verified Digitally Signed W.P.(CRL) 3131/2022 Page 2 of 2 By:NEERAJ Signing Date:10.01.2023 16:38:05