Delhi High Court - Orders
Kapil Wadhawan vs Central Bureau Of Investigation And Ors on 20 August, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~81
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6443/2024 & 24639/2024 (stay)
KAPIL WADHAWAN .....Petitioner
Through: Ms. Rebecca John, Senior Advocate
with Ms. Rebella Joha, Senior
Advocate with Mr. Prakhar Parekh,
Mr. Ashish Verma, Mr. Debopriyo
Moulik, Mr. Debopriyo Moulik, Mr.
Vijay Kari Singh, Ms. Janaki Garde,
Mr. Rohan Dakshini, Ms. Deepa
Shetty, Mr. Raghan Dhar Madhikari
and Ms. Tanvi Mate, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION AND ORS.
.....Respondents
Through: Mr. Anupam Sharma, SPP with Mr.
Prakarsh Airan, Mr. Abhishek Batra,
Mr. Ripudaman Sharma, Mr. Vashisht
Rao and Mr. Syamantak Modgill,
Advocates for CBI with IO Alok
Kumar Singh.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 20.08.2024 CRL.M.A. 24638/2024 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed of.
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 22/08/2024 at 23:04:13 CRL.M.C. 6443/2024
3. The Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973, has been filed on behalf of the petitioner, to challenge the Order dated 13.08.2024, passed by the learned Special Court CBI-08, Rouse Avenue, New Delhi.
4. It is submitted in the Petition that the Co-ordinate Bench of this Court vide Order dated 26.07.2023, had observed that at the stage of Section 207/208 CrPC, the list of other materials (such as statements or objects/documents seized, but not relied on), should be furnished to the accused as a liberty to call for such un-relied documents at the stage of trial, in accordance with the provisions of Cr.P.C i.e. Section 91 CrPC. Thereafter, it is directed that the inspection be allowed, in accordance with Clause 12.32 of the CBI (Crime) Manual 2020. However, the right to inspection shall not be in respect of the documents in relation to which the investigation by CBI is still pending.
5. Learned Senior Advocate has submitted that while the list of un-relied documents, has been supplied to all the accused but the inspection of the un- relied documents, could not be conducted till date essentially because the un-relied documents have been filed in the Court only on 15.07.2024. Though, this position is contested by the learned Prosecutor, who submits that there was no impediment on the part of the accused persons, to carry out the inspection, in terms of the Order dated 26.07.2023, as their documents were still available in the Office of CBI. It is further submitted that the arguments on Charge, were already commenced and while there is no objection to the inspection of the un-relied document but the arguments on Charge, cannot be deferred on this ground.
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 22/08/2024 at 23:04:13
6. Learned Senior Advocate for the petitioner, has further contended that a Supplementary Charge-Sheet has been filed on 19.04.2024 against 34 new accused persons with 2.75 Lakhs documents and 521 prosecution witnesses. There is one terabyte digital data. E-copy of the documents, has been provided on 30.05.2024. However, there are certain documents which are missing and some documents are not legible. A request is made that the missing/illegible documents be supplied to the accused persons.
7. Learned Special Public Prosecutor however, has countered by arguing that the entire set of documents have been filed in the Court and in case anything is found missing or illegible, the same may be inspected from the documents, which have been placed on record or the copy may be taken from the Court record.
8. Submissions heard.
9. The first challenge is about the time required for inspection of un- relied documents, though the Order may have been of 26.07.2023 but the fact remains that looking at the volumes and the number of accused persons, the valuable right of the parties should not get defeated by blaming each other. It is therefore, directed that the petitioners are granted 45 days time to inspect the un-relied documents of the main Charge-Sheet, after which the learned Prosecution may commence the arguments on Charge. Insofar as the non supply/illegible copies of the documents in Supplementary Charge- Sheet, is concerned, the same be made available to the named accused persons by the IO, within 15 days. In case, the documents are still illegible, the accused persons may inspect the Court records or obtain the certified copy from the trial court record.
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 22/08/2024 at 23:04:14
10. The Petition is disposed of. The pending application also disposed of.
NEENA BANSAL KRISHNA, J AUGUST 20, 2024/RS 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 22/08/2024 at 23:04:14