Delhi High Court - Orders
Central Bureau Of Investigation vs Mohit Garg on 15 April, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~27
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 853/2021
CRL.M.A. 6132/2021
CRL.M.A. 6133/2021
CENTRAL BUREAU OF INVESTIGATION ..... Petitioner
Represented by: Mr. Anupam S. Sharrma, SPP for the
CBI.
versus
MOHIT GARG ..... Respondent
Represented by: None
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 15.04.2021 The hearing has been conducted through Video Conference. W.P.(CRL) 853/2021
1. Aggrieved by the orders dated 15th December, 2020 and 18th December, 2020 passed by the learned Special Judge, CBI-13, dismissing the application of the CBI/ petitioner under Section 93 Cr.P.C. and returning a finding that till a sanction is not obtained under Section 17A of the Prevention of Corruption Act (the 'PC Act') by the CBI, no investigation for offence punishable under Section 7 of the PC Act can be carried out.
2. Case of the CBI is that the FIR was registered on the basis of a complaint by the SBI Bank informing about the illegal acts committed by some individuals and suspected the same to be in connivance with the officials of the bank. Learned counsel for the CBI states that till such time, the specific officers of the bank are identified, no permission under Section Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 853/2021 PageGUPTA MUKTA 1 of 2 Signing Date:15.04.2021 20:44:04 17A of the PC Act can be taken from the competent authority and to find out the same, necessary investigation is required to be carried out, which could have been done only after conducting an search pursuant to orders under Section 93 Cr.P.C., which have been declined.
3. Notice be issued to the respondent on the petitioner taking steps through E-mail, SMS, Whatsapp, Speed Post and Courier, returnable before this Court on 10th May, 2021.
4. Reply affidavit by the respondent be filed within one week. Rejoinder affidavit be filed within two weeks thereafter.
5. Till the next date of hearing, investigation be carried out by the CBI in accordance with law including for offences punishable under Section 7 of the PC Act.
6. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
APRIL 15, 2021 PB Signature Not Verified Digitally Signed By:JUSTICE W.P. (CRL.) 853/2021 PageGUPTA MUKTA 2 of 2 Signing Date:15.04.2021 20:44:04