Delhi High Court - Orders
Dinesh Kumar Pahwa vs Cbi on 17 August, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1901/2021
DINESH KUMAR PAHWA ..... Petitioner
Represented by: Mr.Syed Arham Masud and
Mr.Sudeep, Advocates.
versus
CBI ..... Respondent
Represented by: Mr.Anupam S. Sharma, SPP for CBI
with Mr.Prakash Airan and
Ms.Harpreet Kalsi, Advocates.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 17.08.2021 The hearing has been conducted through Video Conferencing. CRL.M.A.12974/2021 (exemption) Allowed, subject to all just exceptions.
CRL.M.C. 1901/2021CRL.M.A.12793/2021 (stay)
1. Aggrieved by the order dated 11th January, 2021 whereby the application filed by the petitioner under Sections 207 and 91 Cr.P.C. was dismissed by the learned Trial Court, the petitioner prefers the present petition.
2. According to the petitioner, the case against the petitioner was based upon intercepted conversations. The petitioner does not know whether the same were lawfully obtained or not and secondly the CBI has relied upon selective conversations which may be out of context with the other conversations and there may be exculpatory material in the remaining Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 1901/2021 Page 1 of 2 Signing Date:17.08.2021 23:47:13 conversation which has not been relied upon by CBI. It is thus prayed that the selective reliance on the intercepted conversation materially prejudices the petitioner.
3. Issue notice.
4. Learned Spl. P.P. for CBI accepts notice.
5. Status report be filed in response to the petition within four weeks. Status report will also indicate whether the CD containing 31 recorded calls were the only recorded conversations or there were other conversations also recorded which have not been relied upon by the CBI. Status report would also indicate whether copies of the intercepted conversations have been given along with the Hash Value Certificate.
6. Response to the status report be filed within three weeks thereafter.
7. List on 22nd October, 2021.
8. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
AUGUST 17, 2021 'vn' Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA CRL.M.C. 1901/2021 Page 2 of 2 Signing Date:17.08.2021 23:47:13