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Delhi High Court - Orders

Rajesh Dhanda vs Union Of India (Through Ministry Of ... on 21 October, 2021

Author: Mukta Gupta

Bench: Mukta Gupta

                              $~14
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(CRL) 1588/2021
                                     CRL.M.A. 13339/2021 (for directions)
                                     RAJESH DHANDA                                   ..... Petitioner
                                              Represented by:      Mr. Siddharth Aggarwal, Sr.
                                                                   Advocate with Mr. Sanjay Abbot,
                                                                   Mr. Arshdeep Singh Khurana,
                                                                   Mr. Aditya Chopra, Mr. Abhinav
                                                                   Sekri, Mr. Vishwajeet Singh Bhati,
                                                                   Mr. Harsh Srivastava, Ms. Tannavi
                                                                   Sharma, Advocates.
                                                      Versus
                                     UNION OF INDIA (THROUGH MINISTRY OF
                                     CORPORATE AFFAIRS) & ORS.                 ..... Respondent
                                              Represented by: Mr. Amit Mahajan, CGSC with
                                                              Ms. Ananya Khanna, Advocate for
                                                              R- 1 to 3.
                                                                   Mr. Zoheb Hossain, Sr.Standing
                                                                   Counsel appearing for R-4, DRI along
                                                                   with Ms.Tulika Gupta, Advocate.
                                                                   Mr. Satish Aggarwala, Sr.SPP with
                                                                   Mr. Jasmeet Jolly, Advocate for R-5.
                                                                   Mr. Anupam S Sharrma, SPP-CBI
                                                                   with Mr. Prakarsh Airan and
                                                                   Ms.Harpreet Kalsi, Advocates for
                                                                   CBI/ R- 6.
                                                                   Mr. Zoheb Hossain, Sr. Standing
                                                                   Counsel, Mr. Vipul Agarwal and
                                                                   Mr.Parth Semwal, Standing Counsel
                                                                   for Income Tax Department/R-7.
                                     CORAM:
                                     HON'BLE MS. JUSTICE MUKTA GUPTA
                                                      ORDER

% 21.10.2021 Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 1588/2021 Page 1 of 3 Signing Date:22.10.2021 07:44:51 The hearing has been conducted through Physical Mode. Matter is taken up today as 18th October, 2021 was declared as a holiday of this Court.

W.P.(CRL) 1588/2021 and CRL.M.A. 13339/2021 (under Section 482 Cr.P.C. for directions)

1. Notice in this petition was issued on 25th August, 2021. No reply affidavits have been filed.

2. Learned counsel appearing on behalf of respondent No. 5 states that the affidavit on behalf of respondent No. 5 is on record. Affidavit of respondent No.5 is not on record though served to the learned counsel for the petitioner. Learned counsel for the respondent No. 5 classifies that the same was filed on 16th October, 2021 vide filing No.842658 of 2021. The same being holiday for the Delhi High Court, obviously the reply affidavit is not on record. Learned counsel for the respondent No. 5 will ensure that the reply affidavit is placed on record.

3. Learned counsel for the respondent No. 4 states that the reply affidavit of respondent No. 4 alongwith an application have been filed today. Learned counsel for the respondent No. 4 will also ensure that the same is placed on record.

4. Learned counsels for the respondent Nos. 1 to 3 i.e. UOI, respondent No.6 i.e. CBI and respondent No. 7 i.e. Income Tax Department seek further time to file the reply affidavits.

5. Last opportunity is granted to all the respondents to file the reply affidavits within two weeks. Rejoinder affidavits be filed within one week thereafter.

Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 1588/2021 Page 2 of 3 Signing Date:22.10.2021 07:44:51

6. Learned counsel for the petitioner states that one of the averments of respondent No.5 is that the petitioner started making complaints after the petitioner was found involved in the complaint. However, the fact of the matter is that the one of the accused had already made complaints prior to the complaint having been registered by the CBI and the said complaints were made to the officer who is now the Supervising Officer of respondent Nos.2, 4 and 5. He also seeks some time to place on record an affidavit in this regard.

7. List on 25th November, 2021.

8. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

OCTOBER 21, 2021 PB Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 1588/2021 Page 3 of 3 Signing Date:22.10.2021 07:44:51