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[Cites 6, Cited by 0]

Delhi District Court

State vs Gopal Goyal Kanda And Others. on 23 February, 2013

   IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF
      METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI.
FIR NO.178/12
U/S 306/468/467/506/471  of IPC & 66 A of I.T. Act.
P.S. Bharat Nagar 
State versus  Gopal Goyal Kanda and others. 
23.02.13
                                       ORDER

1. By this order I shall dispose off an application U/S 166­A of Code of Criminal Procedure, 1973 for issuance of letter of rogatory moved by Investigating Officer­ Sh. S. Sarvanan­ Additional Deputy Commissioner of Police ( North­ West), Delhi Police.

2. Arguments on the application for issuance of letter of rogatory already heard in the presence of Sh. Rajiv Mohan­ Ld. Special Public Prosecutor for the state and Investigating Officer­Sh. S. Sarvanan­ Additional Deputy Commissioner of Police ( North­ West), Delhi Police.

3 The Investigating Officer of the present case filed the the present application duly forwarded by the Ld. Special Public Prosecutor for the state for issuance of letter of rogatory Under Section 166 (A) of Code of Criminal Procedure, 1973 for judicial assistance in UAE.

4 In this application it is submitted that the main charge­sheet is pending before the court of Sh.S.K. Sarvaria, Ld. District Judge & Addl. Sessions Judge, Rohini Courts, Delhi and fixed for arguments on the point of charge. It is submitted that the investigation in the matter is still continue U/S 173 (8) of Code of Criminal Procedure, 1973 . It is stated that during investigation it has come on record that IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act.

P.S. Bharat Nagar :2:

deceased Ms. Geetika Sharma has joined the MDLR Air Lines Pvt. Ltd. as ' Trainee Cabin Crew' on 18.10.2006 and she resigned on 22.05.10. It is stated that the deceased Ms. Geetika Sharma had worked there till 12.08.10. It is stated that while deceased was working in Dubai, the accused Gopal Goyal used to ask her mother to bring her back to India. It is stated that when deceased Ms. Geetika Sharma was working in Emirates Air Lines , the accused Gopal Goyal Kanda alongwith co­ accused Ms. Aruna Chadha went to Dubai and met her and asked her to return back to India but she did not pay any heed to his request. It is stated that accused Gopal Goyal Kanda tried to falsely implicate her to remove her from job. It is stated that the accused Gopal Goyal Kanda has sent co­accused Chanshiv Roop Singh to Dubai and sent an e­mail to accused Chanshiv Roop Singh with an attachment of a complaint purportedly filed with SHO­ Civil Lines, Gurgaon, Haryana. 5 It is stated that the accused Gopal Goyal Kanda sent another e­mail to Sh. Shirish Thorat, Investigation Head, Emirates Airlines . It is stated that the said e­mail was having an attachment of a complaint purportedly filed with SHO, Civil Lines, Gurgaon, Haryana. It is stated that the investigation had revealed that no such complaint was ever received by SHO, Civil Lines, Gurgaon, Haryana. It is stated that during investigation the copy of mail stored by deceased Ms. Geetika IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act.

P.S. Bharat Nagar :3:

Sharma revealed that accused Gopal Goyal Kanda visited Dubai twice and forced deceased Ms. Geetika Sharma to come back to India and to join his company. It is stated that when deceased Ms. Geetika Sharma returned to India and did not join MDLR Airlines, she received an e­mail dated 01.10.10 alongwith legal papers enclosed from one Sheikh Bhasir Bhoram, Director­ Emirates Group, threatening her extradition to Dubai. It is stated that deceased Ms. Geetika Sharma had requested vide her e­ mail dated 07.10.10, U.S. ( Gulf), MEA to verify the authenticity of said e­mail dated 01.10.10 and legal documents sent on behalf of the Emirates Group. 6 It is stated that during investigation it has come on record that the e­mail sent to deceased Ms. Geetika Sharma was generated by accused Chanshiv Roop Singh and co­ accused persons Gopal Goyal Kanda, and Ms. Aruna Chadha provided him the forged order of Dubai Court which the accused Chanshiv Roop Singh sent to deceased Ms. Geetika Sharma as attachment.

7 It is stated that in this case part of investigation relates to some incidence occurred at Dubai and some evidence is available with authorities at Dubai. It is further stated that on this evidence available at Dubai, the investigating agency has no access and this evidence can only be obtained by issuing a letter rogatory as required Under Section 166­A of Code of Criminal Procedure, 1973. It is stated that the Govt. IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act.

P.S. Bharat Nagar :4:

of India is having Mutual Legal Assitance Treaty with the Govt. of UAE. It is stated that the letter rogatory is required to be issued for following purpose:­

1. Whether any advertisement was given in any Newspaper during the year 2010 for the post of Stewardess­II? If yes, please provide the copy of advertisement.

2. Whether Geetika Sharma has joined Emirates in June,2010. If yes, please provide the date of appointment.

3. Original application of Geetika Sharma for the post of Stewardess­ II and original appointment/selection letter and joining letter of Geetika Sharma for the post of Stewardess­II.

4. Original copy of letter of acceptance of job tendered in your office by Geetika Sharma for the post of Stewardess­II.

5. What was the salary offered/ paid to Ms. Geetika Sharma?

6. Travelling/ working hours of Geetika Sharma as Stewardess­II.

7. Residential address i.e. name and address of owner of house/flat where Ms. Geetika Sharma used to reside and phone number of Geetika Sharma which was being used during her stay.

8. Name & address of Security Guard of the house/ flat where Geetika Sharma used to reside.

9. Name & address of co­workers who were in contact with Geetika Sharma in Dubai during her stay.

10. Name & address of admin staff.

11. When did she leave the job from your company?

12. Whether Ms. Geetika Sharma had tendered resignation from your company or she was terminated from the job? What were the grounds to terminate her? Kindly provide resignation/ termination detail of Geetika Sharma. IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act. 

P.S. Bharat Nagar                                   :5:



    13.  Whether   Geetika     Sharma   was   removed   from     the   job   on   the   basis   of

correspondences/e­mail/letter received from her prior employer i.e. MDLR Pvt. Ltd. If yes, supply original copy of such communication received in your office.

14. Whether any e­mail was received in your office from SHO Gurgaon ( Haryana) regarding involvement of Geetika Sharma in any criminal case? If Yes, kindly provide the certified copy of e­mail.

15. Whether Gopal Goyal Kanda and Ms. Aruna Chadha visited your office/ residence of Ms. Geetika during the period of her stay/job in your office? If yes, kindly provide the detail.

16. Whether Sheikh Bhasi Al Bhoram ever Director of Emirates or not?

17. Whether Sheikh Bhasi Al Bhoram has ever sent any e­mail to deceased Ms. Geetika Sharma S/O Sh. Dinesh Kumar Sharma R/O 4C,Block No.1, Pocket­B, Phase­III, Ashok Vihar, Delhi, India.

18. All the concerned witnesses need to be examined.

19. Whether any enquiry was conducted by Emirates on the complaint of MDLR authorities against Geetika. If so, the original enquiry report is needed as evidence.

20. Whether any CCTV recording of places in the vicinity of Geetika's accommodation in Dubai and in the residential complex for the period from June 2010 to August 2010 is available? If so copy of the same may be provided. 8 I have carefully perused the material on record and have heard the submissions of Ld. Special Public Prosecutor for the state.

9 In the present case the Investigating Officer has disclosed that the IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act.

P.S. Bharat Nagar :6:

accused persons namely Gopal Goyal Kanda and Ms. Aruna Chadha visited UAE(Dubai) to pressurise deceased Ms. Geetika Sharma to leave her job from Emirates Airlines. It is also reported by the Investigating Officer that one E­Mail having attachment of complaint purportedly filed with SHO­ Civil Lines, Gurgaon, Haryana was sent to Sh. Shirish Thorat, Investigation Head,Emirates Airlines. It is also disclosed by the Investigating Officer that the deceased Ms. Geetika Sharma received an E­Mail alongwith legal papers, threatening her extradition to Dubai on 01.10.10 from one Sh.Sheikh Bhasir Al Bhoram, Director Emirates Group, which was forged E­Mail. It is also disclosed by the Investigating Officer that the accused persons namely Gopal Goyal Kanda and Ms. Aruna Chadha provided to co­accused Chanshiv Roop Singh a forged order of Dubai court which was sent to the deceased Ms. Geetika Sharma as attachment.

10 I have perused the provision of Section 166­A of the Code of Criminal Procedure, 1973 , which is relevant to be reproduced as under:­ " Section 166 A:­ Letter of request to competent authority for investigation in a country or place outside India:­ (1) Nothwithstanding anything contained in this Code, if, in the course of an investigation into an offence, any application is made by the investigating officer or any officer superior in rank to the investigating officer that evidence IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act.

P.S. Bharat Nagar :7:

may be available in a country or place outside India, any Criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document or thing which may be in his possession pertaining to the case and to forward all the evidence so taken or collected or to the authenticated copies thereof or the thing so collected to the Court issuing such letter.

(2) The letter of request shall be transmitted in such manner as the Central Government may specify in this behalf.

(3) Every statement recorded or document or thing received under sub­section (1) Shall be deemed to be the evidence collected during the course of investigation under this Chapter."

11 The Govt. of India is having Mutual Legal Assistance Treaty with the Govt. of UAE. The perusal of said Mutual Legal Assistance Treaty reveals that both the countries have agreed to grant each other ,the widest major legal assistance in criminal matters. Both the countries have desired to improve the effectiveness of both countries in the investigation, prosecution and suppression of crime, including crime related to terrorism and tracing, restraint, forfeiture or confiscation of the proceeds and instruments of crime, through cooperation and mutual legal assistance in IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act. 

P.S. Bharat Nagar                                   :8:


  criminal   matters.   It   is   provided   in   Mutual   Legal   Assistance   Treaty   of   both     the

countries, that Ministry of Home Affairs , Govt. of India shall be the 'Central Authority' through whom the request for assistance in criminal investigation can be transmitted. 12 As per section 166 ­A Code of Criminal Procedure, 1973 , the criminal Court may issue a letter of request to a Court or an authority in that country or place competent to deal with such request to examine orally any person supposed to be acquainted with the facts and circumstances of the case and to record his statement made in the course of such examination and also to require such person or any other person to produce any document of thing which may be in his possession pertaining to the case . The letter of request to the competent authority of another country or place outside India may be issued by the criminal courts. 13 In the present case the documents and the witnesses relating to the some facts are in UAE, Dubai , which are necessary for the investigation of the case . The Investigation Officer in India is not in a position to collect all the necessary evidence to take the case to its logical end. The Investigating Officer during arguments had admitted that the authorities of the 'Emirates Airlines' in India are not in a position to provide the necessary documents.

IN THE COURT OF SH. DEVENDER KUMAR JANGALA: ADDITIONAL CHIEF METROPOLITIAN MAGISTRATE: NORTH­WEST:ROHINI COURTS:DELHI. FIR NO.178/12 U/S 306/468/467/506/471 IPC & 66 A I T Act. 

P.S. Bharat Nagar                            :9:


14           In view of the present facts and circumstances the application moved 

by the Investigating Officer    forwarded by the   Ld. Special Public Prosecutor for the 

state for issuance of letter of   request     U/S 166 A of Code of Criminal   Procedure,

1973 , is allowed. A letter of request U/S 166 ­A of Code of Criminal Procedure, 1973 , for assistance for investigation of the present case FIR No. 178/12 , Police Station Bharat Nagar ,U/S 306/468/467/506/471 Indian Penal Code and 66(A) of Information Technology Act be issued to the reciprocating country i.e. UAE­ Dubai . A letter of request be issued in the prescribed format approved by the Govt. of India as per section 166­A of Code of Criminal Procedure Act, 1973. 

Announced in the open court                         ( Devender Kr. Jangala)
on  23.02.13                                        ACMM(N/W): Rohini Courts