Delhi High Court - Orders
Serious Fraud Investigation Office vs Shivinder Mohan Singh & Ors on 22 December, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 410/2020
SERIOUS FRAUD INVESTIGATION OFFICE ..... Petitioner
Through Mr. Chetan Sharma, ASG/Sr. Adv.
with Mr.Kirtiman Singh, CGSC and
Mr. Rohan Anand, Mr. Waize Ali
Noor, Advs.
Mr. V. Balasubramaniam, IO.
Mr. Anand Kumar Asstt. Director and
Ms. Natasha Sarkar, PP, SFIO.
versus
SHIVINDER MOHAN SINGH & ORS. ..... Respondents
Through Shri Singh, and Ms. Maneka Khanna,
Advs. for R1.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 22.12.2020 [Hearing held through videoconferencing] Crl. M. A. No.17819/2020
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
Crl. Rev.P.410/2020 & Crl.M.A. No.17818/2020
3. The petition has filed the present petition impugning an order dated 22.09.2020 passed by the learned ASJ in FIR No.50/2019 registered with PS EOW, whereby the petitioner's application for further examination of the Signature Not Verified digitally signed by:DUSHYANT RAWAL respondents in judicial custody, was rejected.
4. Considering the nature of relief sought, this Court does not consider it necessary to issue notice to the respondents who are the accused in the matter, and await representation on their behalf.
5. Mr. Kirtiman Singh, the learned counsel appearing for the petitioner submits that during the course of the investigation, certain facts have emerged which make it necessary to further question and interrogate the respondents.
6. It is seen that the learned ASJ has rejected the petitioner's application on the ground that on previous occasion, opportunity was granted to the petitioner to examine the respondents, and according to the learned ASJ, the same was sufficient.
7. This Court is unable to concur with the view of the trial court. Plainly, if the petitioner requires to examine the respondents and interrogate them in respect of certain facts that have emerged during the course of investigation, the petitioner, as an Investigating Agency, must be granted full access to the respondents to do so.
8. The learned counsel appearing for respondent No.1 submits that respondent No.1 has no objection for being examined by the officials of the petitioner. He, however, submits that due to outbreak of Covid-19, direction should be issued to the petitioner to limit the number of persons to the bare minimum. He submits that exposing the respondents to a large number of officials would carry an attendant risk of exposing the respondents to Covid-
19.9. The apprehension expressed on behalf of respondent No.1 is understandable.
Signature Not Verified digitally signed by:DUSHYANT RAWAL10. In view of the above, the present petition is allowed and the officials of the petitioner are granted permission to interrogate and examine the respondents. The petitioner shall complete the same within a period of two weeks commencing on 01.01.2021. The petitioner shall ensure that the team of its officials deputed to examine or interrogate the respondents does not exceed three in number.
11. It is also clarified that in the event, there is any hearing fixed before the court, the concerned officials of the petitioner shall ensure that respondents are not impeded or prevented from joining those proceedings.
12. The pending application is also disposed of.
VIBHU BAKHRU, J DECEMBER 22, 2020 dr Signature Not Verified digitally signed by:DUSHYANT RAWAL