Delhi High Court - Orders
Central Bureau Of Investigation vs Upender Rai on 7 December, 2022
Author: Amit Sharma
Bench: Amit Sharma
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 147/2019, CRL.M.A. 2680/2019 (Stay)
CENTRAL BUREAU OF INVESTIGATION ..... Petitioner
Through: Counsel (appearance not given)
versus
UPENDER RAI ..... Respondent
Through: Mr. Arjun Dewan with Mr. Arshdeep
Khurana, Mr. Arjun Mukherjee, Mr.
Shaharyar Khan and Mr. Pranav
Sethi, Advocates for R-1
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 07.12.2022 The present revision petition under Section 397 read with Section 401 & 482 of Cr.P.C., has been instituted on behalf of Central Bureau of Investigation seeks setting aside the order dated 04.01.2019 passed by the learned Special Judge, CBI, Saket, New Delhi in case RC 217/2018 A 0004/ACU-VI/CBI/New Delhi. For the sake of completeness, the said order dated 04.01.2019 is reproduced as under:
"04.01.2019 Present: Mr. Lalit Mohan PP for CBI. • Accused no. 1 produced from J/C. Accused no. 2 on bail.
Mr. Arjun Mukherjee Advocate for accused no.l. Mr. Sanjay Abbot Advocate for accused no. 2. IO Inspector Surender Kumar Rohilla. Matter is fixed today for consideration of the applications made on behalf of accused persons for supply of documents. Documents supplied to the accused no.2. Counsel for accused no. 2 submits that he has checked the Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:14.12.2022 18:30:53 copies of documents supplied to him which are legible and complete, therefore, his application stands satisfied.
Counsel for the accused no. 1 submits that copies of the documents mentioned in table no. 1 of applications under section 207 Cr.P.C. have been supplied. It is further submitted that the documents mentioned in table no. 2 of both the applications under section 207 Cr.P.C. are yet to be supplied.
IO is directed to bring those documents in the court on the next date of hearing for inspection of the court and if need be, for supplying copies thereof to accused no.l.
Put up on 16.01.2019.
Copy of order be given dasti to CBI"
Learned counsel appearing on behalf of the respondent has raised a preliminary issue regarding the maintainability of the revision petition and states that the impugned order is in the nature of an interlocutory order and therefore, petition is not maintainable.
Learned counsel appearing on behalf of CBI opposes the same. Without prejudice to the rights and contentions of the parties and with their consent, it is directed that the CBI will comply with the directions with regard to bringing the documents for inspection of the learned Special Judge as directed in the impugned order dated 04.01.2019.
As far as the supply of documents under Section 207 Cr.P.C., is concerned, the learned Special Judge will hear the parties again, before passing appropriate orders.
In view thereof, the revision petition is partly allowed and disposed of accordingly.
Pending application(s), if any, also stand disposed of.
AMIT SHARMA, J DECEMBER 7, 2022/hb Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:14.12.2022 18:30:53