Delhi High Court - Orders
M/S Imperia Structures Pvt. Ltd. & Anr vs State Of Nct Of Delhi And Anr on 15 December, 2023
Author: Jyoti Singh
Bench: Jyoti Singh
$~91
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3428/2023
M/S IMPERIA STRUCTURES PVT. LTD.
& ANR. ..... Petitioners
Through: Mr. Anirudh Bakhru, Mr. Shadman
Ahmed Siddiqui, Mr. Kartik Pandey and Mr. Vijay
Laxmi Rathi, Advocates.
versus
STATE OF NCT OF DELHI AND ANR. ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel
(Crl.) for State with Mr. Shivesh Kaushik and
Mr. Abhinav Kumar, Advocates for State with
Insp. Arun Dagar, PS: DIU.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
ORDER
% 15.12.2023 CRL.M.A. 34545/2023 (for initiation of contempt proceedings against Respondent No. 3, by Petitioner)
1. This is an application preferred on behalf of the Petitioners under Section 482 Cr.P.C. read with Article 215 of the Constitution of India inter alia seeking initiation of appropriate contempt proceedings against Respondent No. 3 for wilfully disobeying the order dated 24.11.2023 passed by this Court. It is urged by the Petitioners that despite the orders of this Court that if the Investigating Officer (IO) wants to investigate the matter, he shall call the Authorized Representative of the Petitioners, notice has been issued on 09.12.2023 directing Petitioner No. 2 to join investigation on 11.12.2023.
W.P.(CRL) 3428/2023 Page 1 of 2This 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 21/12/2023 at 21:01:59
2. Mr. Lao, learned Standing Counsel (Crl.) for the State states that initially the IO had called the Authorized Representative for investigation, however, as he was unable to answer certain crucial questions and had submitted that only the concerned Director would be in a position to respond, the necessity to call Petitioner No. 2 had arisen. The investigation is under progress and it is not for the Petitioners to regulate the manner or the direction in which the investigation should proceed.
3. There is no doubt that orders of the Court have to be respected and it is not open to any litigant to wilfully disobey the Court orders. There is however substance in the submission of Mr. Lao that if the Authorized Representative is unable to answer any question or produce the requisite documents, it is for the IO to decide on whom to call for investigation so that the truth can be unearthed. Mr. Lao has, however, fairly also submitted that the IO will once again call the Authorized Representative for further investigation and if necessary, the Directors will be called for further investigation but in any case, no coercive steps will be taken against anyone.
4. In view of the stand taken by the State, no further order is required to be passed in the present application and the same is accordingly disposed of.
JYOTI SINGH, J DECEMBER 15, 2023/shivam W.P.(CRL) 3428/2023 Page 2 of 2 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 21/12/2023 at 21:01:59