Delhi High Court - Orders
[ Rajesh Dhanda vs Cbi on 8 July, 2024
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~42
* IN THE HIGH COURT OF DELHI AT NEW DELHI
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CRL.REV.P. 842/2024 & CRL.M.A. 19365/2024
RAJESH DHANDA .....Petitioner
Through: Mr. Arshdeep Singh Khurana, Mr.
Sanjay Abbot, Mr. Aditya Chopra and
Mr. Harsh Srivastava, Advocates.
versus
CBI .....Respondent
Through: Mr. Anupam S. Sharma, SPP-CBI
with Mr. Prakarsh Airan, Ms.
Harpreet Kalsi, Mr. Abhishek Batra,
Mr. Ripudaman Sharma, Mr. Vashisht
Rao, Mr. Syamantak Modgill and Mr.
Ayush Kumar, Advocates.
Ms. Rebecca John, Senior Advocate
with Mr. Shadman Ahmed Siddiqui,
Ms. Ajunee Singh, Ms. Nikita Jain,
Mr. Rahul Gupta and Mr. P. Singh,
Advocates for complainant.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 08.07.2024 CRL.M.A. 19366/2024 (exemption) Exemption allowed, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.
CRL.REV.P. 842/2024By way of the present revision petition filed under section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') read with sections 442 and 528 BNSS, the petitioner impugns order dated CRL.REV.P. 842/2024 Page 1 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2024 at 23:58:11 30.05.2024 made by the learned Special Judge (PC Act), CBI-13, Rouse Avenue District Court, New Delhi, taking cognizance of the offence and issuing summons to the petitioner.
2. Mr. Arshdeep Singh Khurana, learned counsel appearing for the petitioner has challenged order dated 30.05.2024 principally on 02 grounds. First, Mr. Khurana submits that chargesheet dated 19.03.2024 filed by the respondent, in respect of which cognizance has been taken, is the second chargesheet in relation to the same offence that is already subject-matter of prosecution vide chargesheet dated 30.12.2022 filed by the respondent. Second, Mr. Khurana submits that since the alleged co-conspirators in the present chargesheet, viz. Mr. Anoop Joshi and Mr. Chander Shekhar, have deceased during the COVID-19 pandemic, cognizance could not have been taken of the offence under sections 7 and 7-A of the Prevention of Corruption Act, 1988 nor under section 120-B of the Indian Penal Code, 1860.
3. Issue notice.
4. Mr. Anupam S. Sharma, learned SPP appears on advance copy;
accepts notice; and seeks time to file status report/reply.
5. Ms. Rebecca M. John, learned senior counsel is present on behalf of the complainant/Vikas Chaudhary; and submits that, in view of the mandate of the Supreme Court in Jagjeet Singh & Ors. vs. Ashish Mishra @ Monu & Anr.1, the complainant/Vikas Chaudhary is entitled to be heard in the present proceedings.
1(2022) 9 SCC 321 at paras 22 & 23 CRL.REV.P. 842/2024 Page 2 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2024 at 23:58:11
6. Accordingly, the complainant/Vikas Chaudhary is impleaded as party-
respondent No.2 in the matter. Let Amended Memo of Parties be filed within 03 days.
7. Let a copy of the revision petition be supplied to learned counsel for the complainant/Vikas Chaudhary within 03 days.
8. Let status report/reply be filed within 06 weeks; rejoinder thereto, if any, be filed within 04 weeks thereafter; with copies to the opposing counsel.
9. Mr. Khurana presses for grant of exemption to the petitioner from personal appearance before the learned Special Judge. He submits that in the other case (which according to him arises from the same offence), the petitioner has already been granted exemption from personal appearance vide order dated 23.05.2023 made in CRL.REV.P. No.595/2023.
10. The above request is disposed-of granting to the petitioner liberty to file an appropriate application before the learned Special Judge seeking exemption from personal appearance, which the learned Special Judge will consider appropriately.
11. Re-notify on 15th October 2024.
ANUP JAIRAM BHAMBHANI, J JULY 8, 2024/ak CRL.REV.P. 842/2024 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2024 at 23:58:12