Delhi High Court - Orders
Dalip Singh Rathore vs State Of Nct Of Delhi on 1 February, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4117/2021and Crl.M.A. No.18439/2021
DALIP SINGH RATHORE ..... Petitioner
Through: Mr. Manoj Chouhan, Advocate
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Ms.Aashaa Tiwari, APP for State
Mr. Shrey Patnaik, Adv. for
complainant
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 01.02.2022 (Through Video Conferencing) Pursuant to the proceedings dated 13.12.2021, a status report of the updated investigation has been submitted by the State. The said status report submitted under signatures of the SHO Police Station Badarpur filed on 19.12.2021 by the State indicates to the effect that the applicant did join the investigation as directed by the Court on 2.12.2021 and produced the list of documents in connection with the list of AWB numbers provided by the complainant as per which according to the applicant, out of 1023, did not possess AWB Numbers of 34 packets, 46 packets had been delivered, 597 packets had been returned to the complainant, 27 AWB Numbers are wrong, 319 packets are in possession with the agents of the accused/applicant. The status report further indicates that the applicant was served with a notice to join the investigation and to produce the property whatever he possessed but Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.02.2022 14:44:26 This file is digitally signed by PS to HMJ ANU MALHOTRA.
he failed to produce the same and that the applicant is not cooperating in the investigation nor submitting the property in question and has been delaying the matter intentionally.
Through the status report thus the State has sought the custodial interrogation of the applicant.
On behalf of the applicant it has been submitted that the applicant had already provided the details of the agents of the applicant as per communication dated 30.9.2021 copy of which is placed on the record at page 35.
Counsel for the complainant at this stage submitted that the documents i.e., the account opening forms are filled in forms with KYC details of the customers and are very sensitive documents. Though the said aspect is not reflected in the FIR that the account opening forms were filled in documents, it is submitted by counsel for the complainant that the tender that had been awarded to the complainant was in relation to the filling in of the account opening forms which had earlier been filled in and burnt due to a fire and that thus the account opening forms are all filled in with details of KYC numbers of the customers.
The Investigating Officer in reply to a specific Court query also states that these account opening forms are filled in account opening forms. Apparently, the nature of the documents which are stated thus to have not yet been recovered i.e., 319 packets stated to be in possession of the agents of the accused/applicant, are sensitive documents capable of being mis- utilized, and in the interest of justice, an opportunity is granted to the petitioner to ensure that he joins the investigation of the case as and when required by the Investigating Agency in terms of the directions dated Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.02.2022 14:44:26 This file is digitally signed by PS to HMJ ANU MALHOTRA.
18.11.2021 which are directed to be adhered to by the petitioner without default and to assist in relation to these 319 packets stated to be with the agents of the accused/applicant.
The matter is directed to be renotified for the date 23.02.2022 till which date the interim order shall continue.
ANU MALHOTRA, J FEBRUARY 1, 2022/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:02.02.2022 14:44:26 This file is digitally signed by PS to HMJ ANU MALHOTRA.