Central Buraeau of Investigation Vs Ramesh Narang & Ors. — Delhi HC (2025) — LawSathi Research

Central Buraeau of Investigation Vs Ramesh Narang & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 471 days in filing the Appeal condoned (CRL.M.A. 11275/2017 disposed of); leave to appeal granted under Section 378(3) CrPC; the Petition stands disposed of accordingly, with the resulting appeal (CRL.A., to be numbered) to be listed for arguments on 16.09.2025.

Issue for consideration

Whether the delay of 471 days in filing the Criminal Leave Petition/Appeal by the CBI should be condoned under Section 5 of the Limitation Act read with Section 482 Cr.P.C. +1 more

Court's answer

Considering the reasons stated in the Application (approval of the file at various levels due to technical procedures), the delay of 471 days in filing the present Appeal is condoned.

Ratio / Principle

Considering the grounds taken, the leave to Appeal (under Section 378(3) of the Code of Criminal Procedure, 1973) is allowed to the CBI against the acquittal of the Respondents.

Detailed headnote1 paragraphs

Delhi High Court (Neena Bansal Krishna, J.), order dated 16.05.2025 in CRL.L.P. 392/2017 (CBI v. Ramesh Narang & Ors): (i) in CRL.M.A. 11275/2017, filed under Section 5 of the Limitation Act read with Section 482 Cr.P.C., the CBI's delay of 471 days in filing the Appeal — attributed to file approval at various levels due to technical procedures — is condoned and the application disposed of; and (ii) the Criminal Leave Petition filed under Section 378(3) of the Code of Criminal Procedure, 1973 is allowed, taking into account the grounds taken. The underlying matter concerns FIR No. 473/1992 registered under Section 186/353 of the Indian Penal Code, 1860, in which Sh. Jaswant Singh died in Police custody and the inquest was carried out by the SDM; following a Complainant's Petition, an FIR was directed to be registered against the Police Officials, and in the trial conducted alongside the acquittal of the Applicant and others (with observations of custodial torture), the Respondents/Police Officials stand acquitted — the acquittal being the decision challenged through the present leave petition. The Petition stands disposed of accordingly; the appeal is to be numbered and listed for arguments on 16.09.2025.

$~10

IN THE HIGH COURT OF DELHI AT NEW DELHI

- CRL.L.P. 392/2017

CENTRAL BURAEAU OF INVESTIGATION .....Petitioner Through: Mr. Ravi Sharma, SPP with Mr. Premtosh K. Mishra, Mr. Swapnil Choudhary, Mr. Ishann Bhadwaj, Mr. Shivam Mishra and Ms. Madhulika Rai Sharma, Advocates

Versus

RAMESH NARANG & ORS .....Respondents Through: Mr. Suyash Sinha, Mr. Abimanyu Singh and Ms. Rachna Kataria, Advocates for R-7 & 8

CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R

% 16.05.2025

CRL.M.A. 11275/2017

Application under Section 5 of the Limitation Act read with Section 482 Cr.P.C. has been filed on behalf of CBI seeking condonation of delay of 471 days.

It is submitted that because of the technical procedures, the file had to be approved at various levels and consequently, delay of 471 days occurred. It is a case pertaining to custodial death whereby the Respondents/Police Officials have been acquitted.

Considering the reasons stated in the Application, the delay of 471 days in filing the present Appeal is condoned.

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 01/07/2025 at 02:35:45

The Application is disposed of. CRL.L.P. 392/2017

Criminal Leave Petition has been filed under Section 378(3) of the Code of Criminal Procedure, 1973 in the CBI case wherein it is submitted that there was an FIR No. 473/1992 registered against the Victim under Section 186/353 of the Indian Penal Code, 1860 on the allegations that the Applicant had obstructed the Police in discharge of their duty. However, the Applicant and the family members were detained by the Police under custody. Sh. Jaswant Singh died in custody. Inquest was carried out by the SDM.

On the Petition filed by the Complainant before the High Court, the FIR was directed to be registered against the Police Officials. The FIR was got registered. Two cases were tried simultaneously in the FIR No 473/1992. The learned Trial Court found that the Applicant and the others were not guilty and were acquitted. At the same time, certain observations were made thay they having been subjected to custodial torture. Despite this, in the present case, which was tried alongside, the Respondents have been acquitted.

Considering the grounds taken, the leave to Appeal is allowed.

The Petition stands disposed of accordingly.

CRL.A. ____ (TO BE NUMBERED)

Be listed for arguments on 16.09.2025.

NEENA BANSAL KRISHNA, J

MAY 16, 2025 N

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 01/07/2025 at 02:35:45