Delhi High Court - Orders
Dr Sarbesh Bhattacharjee vs State Nct Of Delhi on 20 December, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~3, 4 and 5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 781/2021
DR SARBESH BHATTACHARJEE ..... Petitioner
Represented by: Ms. Arundhati Katju and Ms. Shristi
Borthakur, Advocates.
Versus
STATE NCT OF DELHI ..... Respondent
Represented by: Mr. Ranbir Singh Kundu, ASC (Crl)
for GNCTD with Mr. Mukul Dagar,
Ms. Sumedha Singh and Mr. Ashish
Malik, Advocates.
Insp. Sanjay Goswami, Insp. Brij
Mohan and Insp. Dinesh.
+ W.P.(CRL) 785/2021
CRL.M.A. 5717/2021 (for stay)
DR SARBESH BHATTACHARJEE ..... Petitioner
Represented by: Ms. Arundhati Katju and Ms. Shristi
Borthakur, Advocates.
Versus
STATE NCT OF DELHI ..... Respondent
Represented by: Mr. Ranbir Singh Kundu, ASC (Crl)
for GNCTD with Mr. Mukul Dagar,
Ms. Sumedha Singh and Mr. Ashish
Malik, Advocates.
Insp. Sanjay Goswami, Insp. Brij
Mohan and Insp. Dinesh.
+ W.P.(CRL) 786/2021
CRL.M.A. 5719/2021 (for stay)
DR SARBESH BHATTACHARJEE ..... Petitioner
Represented by: Ms. Arundhati Katju and Ms. Shristi
Borthakur, Advocates.
Signature Not Verified
Digitally Signed By:JUSTICE
MUKTA GUPTA W.P. (CRL.) 781/2021 & connected matters Page 1 of 3
Signing Date:20.12.2021
23:56:23
Versus
STATE NCT OF DELHI ..... Respondent
Represented by: Mr. Ranbir Singh Kundu, ASC (Crl)
for GNCTD with Mr. Mukul Dagar,
Ms. Sumedha Singh and Mr. Ashish
Malik, Advocates.
Insp. Sanjay Goswami, Insp. Brij
Mohan and Insp. Dinesh.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 20.12.2021
W.P.(CRL) 781/2021
W.P.(CRL) 785/2021 and CRL.M.A. 5717/2021 (for stay) W.P.(CRL) 786/2021 and CRL.M.A. 5719/2021 (for stay)
1. Vide order dated 29th July, 2021, this Court had sought for an affidavit from the Joint Commissioner of Police (Anti-Corruption Branch), Delhi Government in terms of Para 5 indicating as to why the Investigations have not been completed till date and also why three separate FIRs were registered for the same alleged offence, and in view of the CBI having not found the involvement of the petitioner whether the Anti Corruption Branch would continue in view of the charge-sheet filed by the CBI for the same Tender Inquiry and what action has been taken against the investigating officers who caused delay in the investigation.
2. A reply affidavit has been filed by the Additional Commissioner of Police, Anti Corruption Branch, Delhi indicating as to why three separate FIRs were registered and according to the said affidavit, even if the tender was single, the procurement were for different products and different periods Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 781/2021 & connected matters Page 2 of 3 Signing Date:20.12.2021 23:56:23 and hence, the material witnesses and the cause of actions were different. As regards the delay in conducting the investigation, it is stated that the officers had been censured.
3. Learned Additional Standing Counsel for the State submits that the Anti Corruption Branch had four Inspectors and three FIRs were investigated by three different Inspectors. Therefore, all the three FIRs are now being investigated by the same officers, who have been censured for delay in these cases. Learned Additional Standing Counsel for the State further submits that now there are twelve Inspectors in the Anti Corruption Branch.
4. Additional Commissioner of Police, Anti Corruption Branch, Delhi is directed to transfer the investigation in the three FIRs to three Investigating Officers of his Unit other than the ones who had been censured for causing delay and ensure that the investigation in the three FIRs now pending is concluded preferably within a period of three months from today.
5. At request, renotify on 23rd March, 2022, before which date a status report will be filed by the Additional Commissioner of Police, Anti Corruption Branch, Delhi.
6. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 20, 2021/PB Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 781/2021 & connected matters Page 3 of 3 Signing Date:20.12.2021 23:56:23