CRL.M.C./1204/2015 of ANURADHA CHOWDHRY Vs STATE & ANR

$-39 to 41

*IN THE HIGH COURT

OF DELHI AT NEW DELHI

CRL.M.C.1204/2015

ANURADHA CHOWDHRYPetitionerThrougii:Mr.S.S.WaniandMr.ArjunChoudhary, Advocates.versusSTATE & ANRRespondentsThrougli:Mr. Tarang Srivastava, APP for State.Mr.VirajDatarandMr.VineetJahnji, Advocates for R-2.

+W.P.(CRL) 1470/2015, CRL.M.A. 10184/2015

AJAY CHOWDITRY& ANRPetitioners.Through:Mr.S.S.WaniandMr.ArjunChoudhary, Advocates.

versus

THE STATE THROUGH:

GOVT OF NCT OF DELHI & ORS

RespondentsThrough:Mr.AviSingh,ASCwithMs.Pumima, Advocate for R-1.Mr.VirajDatarandMr.VineetJahnji, Advocates for R-6.\

+W.P.(CRL)3404/2016

ANURADHA CHOWDHARYPetitioner

Through:Mr.S.S.WaniandMr.ArjunChoudhary, Advocates.

versus

STATE & ORS.RespondentsThrough:Mr.Sanjay Lao, ASC for State.

Signature Not VerifiedDigitally SignedBy:AMULYA

Mr. Viraj Datarand Mr. VineetJahnji, Advocates for R-6.Mr. Madhur A.rora,,Advocate for R-7.

CORAM:HON'BLE MR. JUSTICE NAJMI WAZIRIORDER%09.07.2018

This petition seeks the following reliefs:

In CRL.M.C.1204/2015

It is, therefore, most humbly prayed thatthis Hon'ble Court may be pleased to quash theFIRNo.742/14dated20.09.2014, U/S471/448/467/ 468/420/120B ofIndian Penal Coderegisteredwith P.S. JyotiNagar, Delhi, in view of.thefacts and circumstances of the present case, inthe interest ofjustice.

Any other or furtherorder(s)which thisHon'ble Court deems fit and proper may also be.passed under the facts and circumstances of thecase.

In W.P.(CRL)1470/2015

a.Directionto transferthe investigation ofFIR No-229/06,612/07 & 44/13 from the DelhiPolice, EOW Cell and being entrusted to the CBIfor proper investigation ofthe matter; and/orb. Direct the Respondent No-2 to changethe Present I.O (RespondentNo-5) by appointingan independent I.O. to undertake the investigationin the FIRs independently, impartially and withoutany bias; and/or

Any otheror furtherorderwhichthisHon'ble Court deems fit and proper may also begranted in facts and circumstances of the case infavourofthepetitionerandagainsttherespondent:

and In W.P.rCRL)3404/2016

a. Direction to transfer the investigation of FIRNo. 742/2014 and FIR No 672/2015 fromtheDelhi Police, EOW Cell and PS Jyoti Nagar beingentrusted, to theCBI for fairandimpartialinvestigation ofthe matter; and/or

b. Directthe investigation officers of both theFIR's to seize the alleged Original Five ShareTransfer Deeds from the records of Suit No-57946/16pendingin court ofSh. SurinderSinghRathi, Ld ADJ, Patiala House Courts, New Delhiand investigate the authenticity of share transferstamps affixed,on the same in view ofthe report ofthe Indian Security Press (Govt ofIndia) and/or;

c. Any otheror furtherorder(s)whichthisHon'ble Court deems fit and proper may also bepassed under the facts and circumstances of thecase in favour of the petitionersand against therespondents

At the outset, the learned counsel for the State submits that thepetition is not maintainable clearly on two grounds:

(i)That the investigation has already been completed, the chargesheet has been filed, therefore there is no question for the casebeing transferred to any other agency;sheet has been filed, therefore there is no question for the casebeing transferred to any other agency;

(ii)That the petitioner is accused and he cannot seek transfer.

Mr. Avi Singh relies upon the following judgments:

(i)Disha v. State of Gujarat, (2011) 13 SCC 337;

(ii)CBIV. Rajesh Gandhi, (1996) 11 SCC 253;

(iii)W.P.(CrL) 2457/2014; decided by this Court on 08.07.2016;

and

(iv)W.P.(Crl.)2400/2014;decidedby this Courton 08.07.2016.

At this stage, the learned counsel for the petitioner states, uponinstructions, that he would not like to press the petition on merits and wouldlike to withdraw it. However, he seeks liberty to pursue such remedies asmay be available to the petitioner apropos documents and other evidenceswhich may have deliberately or otherwisebeen left out during theinvestigation.

The petition is dismissed as withdrawn. Liberty granted.

[I WAZIRI, J

JULY 09, 201.8/acm/RW