Dismissed

Anuradha Chowdhry v. State & Anr.

Delhi HC9 Jul 2018CRL.M.C./1204/2015

Case brief

AI extract

What is this about?

This order deals with three petitions seeking quashing of FIRs or transfer of investigation to CBI. The petitioner withdrew the petitions on merits upon instructions, reserving the right to pursue remedies regarding excluded evidence. The court dismissed the petitions as withdrawn.

What did the court decide?

Petitions dismissed as withdrawn. Liberty granted to pursue remedies regarding excluded documents and evidence.

Anuradha Chowdhry Vs State & Anr. — Criminal Trial and Appeal | Delhi HC (2018)

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Signature Not Verified Digitally Signed By:AM UL YA

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Mr. Viraj Datar and Mr. Vineet Jahnji, Advocates for R-6. Mr. Madhur A.rora,, Advocate for R-7.

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CORAM:

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HON'BLE MR. JUSTICE NAJMI WAZIRI

ORDER

09.07.2018

This petition seeks the following reliefs:

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In CRL.M.C. 1204/2015

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It is, therefore, most humbly prayed that this Hon'ble Court may be pleased to quash the FIR No. 742/14 dated 20.09.2014 , U/S ' 471/448/467/ 468/420/120B of Indian Penal Code registeredwith P.S. Jyoti Nagar, Delhi, in view of. the facts and circumstances of the present case, in the interest ofjustice.

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Any other or further order(s) which this Hon'ble Court deems fit and proper may also be. passed under the facts and circumstances of the case.

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In W.P.(CRL) 1470/2015

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a.Direction to transfer the investigation of FIR No-229/06, 612/07 & 44/13 from the Delhi Police, EOW Cell and being entrusted to the CBI for proper investigation of the matter; and/or b. Direct the Respondent No-2 to change the Present I.O (RespondentNo-5) by appointing an independent I. O. to undertake the investigation in the FIRs independently, impartially and without any bias; and/or

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Any other or further order which this Hon'ble Court deems fit and proper may also be granted in facts and circumstances of the case in favour of the petitioner and against the respondent:

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and In W.P.rCRL) 3404/2016

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a. Direction to transfer the investigation of FIR No. 742/2014 and FIR No 672/2015 from the Delhi Police, EOW Cell and PS Jyoti Nagar being entrusted, to the CBI for fair and impartial investigation of the matter; and/or

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jT-,

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b. Direct the investigation officers of both the FIR's to seize the alleged Original Five Share Transfer Deeds from the records of Suit No57946/16pending in court of Sh. SurinderSingh Rathi, Ld ADJ, Patiala House Courts, New Delhi and investigate the authenticity of share transfer stamps affixed,on the same in view of the report of the Indian Security Press (Govt ofIndia) and/or;

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c. Any other or further order(s) which this Hon'ble Court deems fit and proper may also be passed under the facts and circumstances of the case in favour of the petitioners and against the respondents

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

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

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

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Mr. Avi Singh relies upon the following judgments:

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

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

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

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

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At this stage, the learned counsel for the petitioner states, upon instructions, that he would not like to press the petition on merits and would like to withdraw it. However, he seeks liberty to pursue such remedies as may be available to the petitioner apropos documents and other evidences which may have deliberately or otherwise been left out during the investigation.

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The petition is dismissed as withdrawn. Liberty granted.

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[I WAZIRI, J

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JULY 09, 201.8/acm/RW

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Anuradha Chowdhry v. State & Anr.

Case brief

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Anuradha Chowdhry v. State & Anr.

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