Delhi High Court - Orders
Soni Suryana & Ors. .....Petitioners/ vs State Of Nct Of Delhi & Ors on 28 July, 2020
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
via Video-conferencing
$~06, 08 and 10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
06
+ W.P.(CRL.) 1143/2020 & CRL. M.A. Nos. 10011-12/2020
SONI SURYANA & ORS. .....Petitioners/Applicants
Through : Mr. Musharraf Ali Khan,
Advocate.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through : Mr. Rahul Mehra, SSC
(Criminal) for GNCTD/R1 &
R2 along with I.O./Inspector
Satish Kumar.
Mr. Rohan Anand, Advocate
for Mr.Kirtiman Singh, CGSC
for Bureau of Immigration/R3.
08
+ W.P.(CRL.) 1145/2020 & CRL. M.A. Nos. 10015-16/2020
SABIR AHMED NAZIMUDDIN BIN .....Petitioner/Applicant
Through : Mr. Musharraf Ali Khan,
Advocate.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through : Mr. Rahul Mehra, SSC
(Criminal) for GNCTD/R1 &
R2 along with I.O./Inspector
Satish Kumar.
Mr. Rohan Anand, Advocate
for Mr.Kirtiman Singh, CGSC
for Bureau of Immigration/R3.
W.P.(CRL.) No. 1143/2020 & connected matters Page 1 of 5
09
+ W.P.(CRL.) 1146/2020 & CRL. M.A. Nos. 10017-18/2020
MR. ARUN PRASERT DAM & ORS. .....Petitioners/Applicants
Through : Mr. Musharraf Ali Khan,
Advocate.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through : Mr. Rahul Mehra, SSC
(Criminal) for GNCTD/R1 &
R2 along with I.O./Inspector
Satish Kumar.
Mr. Rohan Anand, Advocate
for Mr.Kirtiman Singh, CGSC
for Bureau of Immigration/R3.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 28.07.2020 CRL.M.A. No. 10012/2020 in W.P.(Crl.) No. 1143/2020 (for exemption) CRL.M.A. No. 10016/2020 in W.P.(Crl.) No. 1145/2020 (for exemption) CRL.M.A. No. 10018/2020 in W.P.(Crl.) No. 1146/2020 (for exemption) Exemptions are granted, subject to just exceptions and subject to the petitioners completing all requirements of filing typed/original/ certified copies of annexures and documents, attested affidavit and court fee within 10 days of physical re-opening of the court.
The applications stand disposed of.
W.P.(CRL.) No. 1143/2020 & connected matters Page 2 of 5W.P.(CRL.) No.1143/2020 & CRL. M.A. No.10011/2020 (for stay) W.P.(CRL.) No.1145/2020& CRL. M.A. No.10015/2020 (for stay) W.P.(CRL.) No.1146/2020& CRL. M.A. No.10017/2020 (for stay) These 03 petitions are being taken-up together since the prayers made in all 03 matters are essentially the same. The petitioners seek quashing of FIR No. 63/2020 dated 31.03.2020 registered under the provisions of section 3 of The Epidemic Diseases Act 1987 read with sections 51/58 (1) of The Disaster Management Act 2005 read with section 14(1)(b) of The Foreigners Act read with sections 188/269/270/271/336/308/304/120B IPC at PS : Crime Branch, Delhi.
2. The petitioners also seek quashing of the Look-Out Circulars ('LoCs') opened by respondent No. 3/Bureau of Immigration against the petitioners.
3. The petitioners also seek quashing of notices issued by respondent No. 2/Special Investigation Team, Crime Branch, Delhi Police to the petitioners under section 41A Cr.P.C.
4. Mr. Musharraf Ali Khan, learned counsel appearing for the petitioners in all 03 cases submits that all petitioners are foreign nationals. Petitioners in W.P.(Crl.) No. 1143/2020 are Indonesian nationals; the petitioner in W.P.(Crl.) No. 1145/2020 is a US citizen; and petitioners in W.P.(Crl.) No. 1146/2020 are Thai nationals, who are presently in Kolkata, West Bengal. The petitioners contend, in sum and substance, that no case is made-out against them in the subject FIR.
5. Mr. Rahul Mehra, learned Senior Standing Counsel appears on behalf of respondents Nos. 1 and 2 /State of NCT of Delhi and SIT, W.P.(CRL.) No. 1143/2020 & connected matters Page 3 of 5 Crime Branch, Delhi Police; and Mr. Rohan Anand, learned counsel appears on behalf of Mr. Kirtiman Singh, learned CGSC for respondent No. 3/Bureau of Immigration on advance copy.
6. Mr. Mehra submits that the petitioners in all 03 cases have not joined investigation despite notices under section 41A of the Cr.P.C. having been duly served upon them.
7. Mr. Mehra states that since investigation is not complete, no charge-sheet has been filed against any of the petitioners as yet. He contends that if the petitioners co-operate in the investigation and furnish requisite information which warrants closure of cases against them, respondents Nos. 1 and 2 may not proceed against them at all.
8. In the circumstances, Mr. Khan, learned counsel for the petitioners submits that the petitioners are ready and willing to co- operate in the investigation. However, counsel states that all petitioners are presently in Kolkata, which is under lockdown; and will therefore not be able to travel to Delhi for the purpose.
9. In the circumstances, Mr. Mehra, on instructions from the Investigating Officer/Inspector Satish Kumar submits that the Delhi Police will send its officers to Kolkata for purposes of investigation. Mr. Mehra further confirms, on instructions, that the Delhi Police will not require custodial interrogation; and accordingly the petitioners will not be arrested, provided they cooperate in the investigation.
10. Accordingly, let investigation pursuant to section 41A Cr.P.C. notices, be carried-on against the petitioners in Kolkata, in accordance with law.
W.P.(CRL.) No. 1143/2020 & connected matters Page 4 of 511. Let respondents Nos. 1 and 2 update this court as regards the investigation and proceedings, on the next date.
12. List on 24.08.2020.
ANUP JAIRAM BHAMBHANI, J.
JULY 28, 2020/j W.P.(CRL.) No. 1143/2020 & connected matters Page 5 of 5