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Anil Kumar Sharma vs State (Nct Of Delhi) on 22 March, 2022

Author: Chandra Dhari Singh

Bench: Chandra Dhari Singh

                             $~9
                             *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                             +     W.P.(CRL) 418/2022 & CRL.M.A. 3585/2022
                                   ANIL KUMAR SHARMA                                          ..... Petitioner
                                                       Through:     Mr. Manoj Singh and Mr. Abhay
                                                                    Singh, Advocates

                                                       versus

                                   STATE (NCT OF DELHI)                                ..... Respondent
                                                 Through:           Mr. Rajesh Mahajan, ASC with Ms.
                                                                    Jyoti Babbar, Advocate for State
                                                                    along with SI Kamal Kishor, P.S.
                                                                    EOW

                                   CORAM:
                                   HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
                                           ORDER

% 22.03.2022 CRL.M.A. 3584/2022 & CRL.M.A. 3586/2022 Exemption allowed subject to just exceptions. The applications stand disposed of.

W.P.(CRL) 418/2022

1. The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner for enforcement of fundamental rights of the petitioner under Article 14, 19, 20 and 21 of the Constitution of India and seeks following reliefs:

"A). Pass an appropriate order and or such directions directing the Respondent/ investigating agency i.e. Economic Offences Wing(EOW), Delhi Police, to place on record complete case diary and record of the case i.e. check list Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:24.03.2022 18:34:54 submitted with Ld. Magistrate alongwith application seeking judicial remand giving reasons with substantive materials in support of necessity of petitioner‟s arrest, intimation given within two weeks of institution of case to Magistrate, if any for not arresting the Petitioner and or if any extension is granted by Superintendent Police as adumbrated by Hon‟ble Supreme Court in Arnesh Kumar‟s case in FIR No. 43 of 2019 and 144 of 2019, Police Station: EOW, Delhi Police, registered under Section 406/420/120 B of Indian Penal Code, 1860 ;

AND B). Issue appropriate Writ in the nature of „Certiorari‟ or any direction or order declaring Petitioner‟s arrest and order of his subsequent remand to judicial custody passed by Learned Duty Magistrate, District Shahdara, Delhi vide order dated 10.02.2022 passed in FIR No. 43 of 2019 and 144 of 2019 under Section 406/420/120B IPC at Police Station EOW, Delhi Police, being illegal and in breach of procedure prescribed under Section 41A of Code of Criminal Procedure, 1973 (=Cr.P.C.) being in violation guidelines laid down by Hon‟ble Supreme Court in "Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273;

C). Issue appropriate Writ in the nature of „Mandamus‟ or any directions or order qua Respondent, to conclude investigations of cases/ FIRs as detailed in TABLE-III (Annexure-P/9) and Table-IV (Annexure-P/10), within a time frame as Petitioner despite being under incarceration since 28.2.2019, has neither been, interrogated nor arrested till date in connection said cases;

AND D). Issue appropriate writ in the nature of „Mandamus‟ or any direction or order directing that if Petitioner is arrested in connection with criminal cases/FIRs detailed in TABLE-III (Annexure: P/9), Table-IV (Annexure-P/10) under investigation with EOW since 2019, in capacity of Managing Director/Director of Amrapali Group of Companies for Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:24.03.2022 18:34:54 offences punishable up to 7 years, the arresting officer shall release him on bail on his executing the personal bond or with surety to the satisfaction of arresting officer;

E). Issue appropriate Writ in the nature of „Mandamus‟ or any directions or order qua Respondent, to proceed and conclude trial of 24 cases as detailed in Table-II (Annexure-P/8) and Table IV (Annexure-P/10), wherein charges sheets stands submitted since May 2019 and till date charges are not yet framed despite Petitioner being in judicial custody, within reasonable time; AND F). Issue appropriate writ in the nature of „Mandamus‟ or any such direction or order directing the Respondents to evolve a mechanism to ensure the presence of Petitioner in all the cases as well speedy investigation, Trial and disposal of all the cases pending against the Petitioner within a fixed time frame; AND G). Issue appropriate writ in the nature of „Mandamus‟ or any such direction or order directing the Respondent to strictly adhere with guidelines issued by this Hon‟ble Court in case titled as "Arnesh Kumar vs. State of Bihar" (AIR 2014 SC 2756) reiterated by relying upon in order dated 7.5.2921 passed in case titled as " Suo Moto W.P.(C) No. 01 of 2021" in respect with investigation and effecting Petitioner‟s arrest in cases detailed in TABLE-III (Annexure-P/9) and Table-IV (Annexure-P/10); and H). any other relief and further orders, which this Hon‟ble Court may deem fit, just and proper in the facts and circumstances of the matter may also kindly be granted in favour of the applicant."

2. Heard.

3. Mr. Rajesh Mahajan, learned ASC for State, appears on advance notice, vehemently opposes the instant writ petition and prays for some time to file status report. Let the same be filed within three weeks.

4. List on 19th April, 2022.

CHANDRA DHARI SINGH, J MARCH 22, 2022 Dy/@k Signature Not Verified Digitally Signed By:GAURAV SHARMA Signing Date:24.03.2022 18:34:54