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Vinod Bansal vs State Of Nct Of Delhi & Anr on 14 December, 2022

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~72

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      CRL.M.C. 6616/2022

                                 VINOD BANSAL                                            ..... Petitioner
                                                    Through:     Mr. Anuj Chauhan, Mr. Anand, Mr.
                                                                 Dilip Gupta & Ms. Ritika Prasad,
                                                                 Advocates.
                                                    versus

                                 STATE OF NCT OF DELHI & ANR.                         ..... Respondents
                                                    Through:     ASI Kamal Singh, P.S.: Sector 23
                                                                 Dwarka.
                                                                 Mr. Anupam S. Sharma, SPP for CBI
                                                                 with Mr. Prakarsh Airan, Ms.
                                                                 Harpreet Kalsi, Mr. Ripudaman
                                                                 Sharma, Mr. Abhishek Batra & Mr.
                                                                 Nishant Choudhary, Advocates.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 14.12.2022 CRL.M.A. No. 25777/2022 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CRL.M.C. 6616/2022 & CRL.M.A.25776/2022 (Stay) By way of the present petition under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner seeks 'clubbing' of two trials, one arising from FIR No. 120/2016 registered under Signature Not Verified Digitally Signed By:NEERAJ CRL.M.C. 6616/2022 Page 1 of 3 Signing Date:20.12.2022 15:59:19 sections 420/34 of the Indian Penal Code, 1860 ('IPC') at P.S.: Sector 23, Dwarka (South West) pending before learned ACMM, Dwarka Court; and the other arising from FIR No. RC 219/2019/E/001 registered under sections 120-B read with sections 420/467/468/471 IPC and section 13(2) read with section 13(1)(d) of the Prevention of Corruption Act, 1988 ('PC Act') at P.S.: CBI/EO-I pending before the learned Special Judge, RADC, New Delhi.

2. Mr. Anuj Chauhan, learned counsel appearing for the petitioner submits that the two trials originate from the same transaction relating to the same property; and furthermore, in the charge-sheet filed by the CBI before the learned Special Judge, the CBI has said that no offence under the PC Act has been disclosed.

3. Issue notice.

4. Ms. Meenakshi Dahiya, learned APP appears on behalf of respondent No.1/State on advance copy; accepts notice; and seeks time to file status report.

5. Mr. Abhishek Batra, learned counsel appears on behalf of respondent No. 2/CBI on advance copy; accepts notice; and seeks time to file reply.

6. Mr. Batra submits that for one, the submission that the two cases arise from the same transaction is incorrect; and also, the subject property is only one aspect of the matter.

7. Furthermore, Mr. Batra submits that learned Special Judge is yet to take a view on the charge-sheet filed by the CBI.

8. Let status report/reply be filed within 06 weeks; response/rejoinder thereto, if any, be filed within 04 weeks thereafter; with advance copies to the opposing counsel.

9. Re-notify on 15th March 2023.

ANUP JAIRAM BHAMBHANI, J.

DECEMBER 14, 2022/uj Signature Not Verified Digitally Signed By:NEERAJ CRL.M.C. 6616/2022 Page 3 of 3 Signing Date:20.12.2022 15:59:19