Arss Infrastructure Projects Ltd vs Central Bureau Of Investigation & Anr on 2 August, 2021

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Delhi High Court - Orders

Arss Infrastructure Projects Ltd vs Central Bureau Of Investigation & Anr on 2 August, 2021

Bench: Mukta Gupta

                              $~28
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      W.P.(CRL) 1400/2021
                                     CRL.M.A. 18870/2021
                                     CRL.M.A. 11871/2021
                                     ARSS INFRASTRUCTURE PROJECTS LTD.          ..... Petitioner
                                              Represented by: Mr. Arun Khatri, Mr. Nikhil
                                                              Malhotra, Mr. Akshay and Mr. Sahil
                                                              Khurana, Advocates.
                                                   versus
                                     CENTRAL BUREAU OF INVESTIGATION
                                     & ANR.                                    ..... Respondents
                                             Represented by: Mr. Anupam S Sharrma (SPP-CBI)
                                                             with Mr.Prakarsh Airan and
                                                             Ms. Harpreet Kalsi, Advocates.
                                     CORAM:
                                     HON'BLE MS. JUSTICE MUKTA GUPTA
                                                        ORDER

% 02.08.2021 The hearing has been conducted through Video Conferencing.

CRL.M.A. 11871/2021 (Exemption)

1. Exemption allowed subject to just exceptions.

2. Application is disposed of.

W.P.(CRL) 1400/2021 and CRL.M.A. 18870/2021 (Stay)

1. The petitioner is aggrieved by the written notice dated 16th April, 2021 issued by the respondent under Section 91 Cr.P.C., whereby the concerned officer demanded from the petitioner production of documents, books of accounts beyond the period of eight years and used the terms like Shell Companies without intimating the name or the company identification.

Signature Not Verified Digitally Signed By:JUSTICE

MUKTA GUPTA W.P. (CRL.) 1400/2021 Page 1 of /2 Signing Date:02.08.2021 23:21:21 According to the petitioner the notice issued is as illegal, vague and arbitrary and hence, this petition.

2. Learned counsel for the petitioner states that the agreements/ work orders sought by the notice dated 16th April, 2021 have already been given by the petitioner company and seized by the investigating agency vide the Production-cum-Seizure Memo dated 27th December, 2019, as noted at item Nos. 31, 32 and 33 of the said document which fact is refuted by the learned SPP for the CBI.

3. Admittedly the petitioner has given response to the notice under Section 91 Cr.P.C. given by the respondent on 16th April, 2021. In view of the fact that the notice under Section 91 Cr.P.C. has been answered by the petitioner, this Court finds no ground to pass any order in the present petition.

4. Petition is dismissed.

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

MUKTA GUPTA, J.

AUGUST 02, 2021 PB Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P. (CRL.) 1400/2021 Page 2 of /2 Signing Date:02.08.2021 23:21:21

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Delhi High Court - Orders