Delhi High Court - Orders
Rokibul Islam vs Ti1E State (Nct) Of Delhi Through Acp ... on 13 October, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~59
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 7539/2023
ROKIBUL ISLAM ..... Petitioner
Through: Mr. B S Chowdhary and Ms. Sneh
Lata Rana, Advocates.
versus
TI1E STATE (NCT) OF DELHI THROUGH ACP WITH P.S.
SPECIAL CELL ..... Respondent
Through: Mr. Shoaib Haider, APP for State
with Insp. Suneel Siddhu, IFSO,
Special Cell.
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 13.10.2023 [The proceeding has been conducted through Hybrid mode] CRL.M.A. 28075/2023 (for exemption)
1. Exemption is allowed, subject to all just exceptions.
2. The application stands disposed of.
CRL.M.C. 7539/20233. This is a petition under Section 482 Cr.P.C., 1973 seeking issuance of direction to the Investigating officer (I.O.) to conduct the impartial investigation by way of allowing the petitioner to join the investigation as per notice under Section 41A Cr.P.C. issued by the I.O. to the petitioner in instant case arising out of bearing FIR No. 296/2022 under Sections 419/420/468/471/120B IPC read with Section 66C/66D of the I.T. Act, 2000 registered with PS-Special Cell, Sector-16C Dwarka, New Delhi.
4. Learned counsel appearing for the petitioner submits that the CRL.M.C. 7539/2023 Page 1 of 3 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 19/10/2023 at 20:54:03 petitioner is a 21 years old regular student of Bachelor of Business Administration (BBA) in the University of Science & Technology, Meghalaya and is an ordinary resident of Village Dabandia, Gunialguri, Barpeta, Assam and has been falsely implicated in the present case.
5. Learned counsel for the petitioner submits that the only allegation against the present petitioner in the FIR is that the petitioner is a beneficiary of an amount, which according to the prosecution was an amount, which was obtained by his brother and others co-accused persons by cheating.
6. Learned counsel submits that the petitioner, who is the student in the aforesaid University has no role to play, neither that any such role had been attributed to the petitioner and as such, he may be permitted to join investigations as and when directed by the I.O.
7. Learned counsel also submits that in any case, though the petitioner had not joined investigations yet, the I.O. had issued notice under Section 41A of the Cr.P.C., 1973 in the past.
8. On the aforesaid grounds, learned counsel seeks interference by this Court and in the meanwhile, seeks protection from arrest.
9. Mr. Shoaib Haider, learned APP for State submits that so far as the allegations in the FIR is concerned, the petitioner along with the co-accused persons created fake websites, where they used to sell fake products and cheat the customers and that is how the sum of Rs. 9 lakhs was credited to the account of the petitioner.
10. Learned APP also further submits that despite the notice under 41A Cr.P.C., 1973, the petitioner never participated in the CRL.M.C. 7539/2023 Page 2 of 3 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 19/10/2023 at 20:54:03 investigations and had in fact absconded and the proceedings under Section 82 Cr.P.C. have also been initiated before the learned Trial Court. Learned counsel submits that even the anticipatory bail application filed before the learned Trial Court has been rejected by the learned Trial Court.
11. Keeping in view the age of the petitioner as also the fact that he is a student of the aforesaid University and any adverse order may affect the academic pursuit of the petitioner propels this Court to temporarily grant him protection from arrest.
12. Subject to the petitioner participating in the investigations, as and when directed by the I.O. without fail, no coercive action shall be taken against the petitioner. Any infraction by the petitioner of the notices issued to him shall revoke the present interim orders.
13. The petitioner shall appear before the I.O. on 20.10.2023 at PS- Special Cell, Sector-16C Dwarka, New Delhi at 10:00 AM in the morning, without fail.
14. The I.O. is at liberty to issue further notices, in case any further investigations are required.
15. List on 01.12.2023.
TUSHAR RAO GEDELA, J OCTOBER 13, 2023/nd CRL.M.C. 7539/2023 Page 3 of 3 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 19/10/2023 at 20:54:03