Disposed¶23

Mohd. Eilwa Ghonim Shalaby v. Ankur Aggarwal and Ors.

Delhi HC21 Jan 2025TR.P.(CRL.)/8/2025

Case brief

AI extract

What is this about?

TR.P.(CRL.) 8/2025; Mohd. Eilwa Ghonim Shalaby v. Ankur Aggarwal & Ors; Delhi High Court; transfer petition; transfer of complaint case from CMM Patiala House Courts to CMM Rouse Avenue Courts; EOW transferred investigation to CBI; offence in Singapore-based company; Sections 200 and 156(3) Cr.P.C.; Justice Sanjeev Narula; order dated 21.01.2025.

What did the court decide?

Transfer of Complaint Case No. 6229/2023 from the Court of CMM, Patiala House Courts, New Delhi to the Court of CMM at Rouse Avenue Courts, New Delhi, for adjudication in accordance with law; a copy of the order to be sent to the Principal District and Sessions Judge of the Patiala House Court and Rouse Avenue Court respectively for information and compliance. ¶23

Mohd. Eilwa Ghonim Shalaby Vs Ankur Aggarwal and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the trial of Complaint Case No. 6229/2023, pending before the CMM, Patiala House Courts, New Delhi, should be transferred to the Court of CMM at Rouse Avenue Courts, New Delhi, given that the investigation has been transferred by the EOW to the CBI.

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Court's answer

Since the investigation in the matter has been transferred to the CBI by the EOW, the Court found merit in the Petitioner's submission that the complaint case should be tried by a court having competent jurisdiction.

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Ratio / Principle

Complaint Case No. 6229/2023, presently pending before the CMM, Patiala House Courts, New Delhi, is transferred to the Court of CMM at Rouse Avenue Courts for adjudication, in accordance with law.

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Detailed headnote1 paragraphs

Delhi High Court (Sanjeev Narula, J.) disposed of a criminal transfer petition (TR.P.(CRL.) 8/2025) seeking transfer of Complaint Case No. 6229/2023 (Mohammed Eliwa Ghonim Shalaby v. Ankur Aggarwal & Ors), instituted under Sections 200 and 156(3) Cr.P.C., from the Court of CMM, Patiala House Courts, New Delhi to the Court of CMM at Rouse Avenue Courts, New Delhi. During the proceedings, the CMM had called for a status report from the Economic Offences Wing (EOW), which reported that the alleged offence occurred in a Singapore-based company committed by an Indian national, that the EOW lacked jurisdiction to investigate, and that the complaint had been transferred to the Central Bureau of Investigation (CBI). Holding that where the investigation has been transferred to the CBI, the complaint case should be tried by a court having competent jurisdiction, the Court ordered the transfer to the CMM, Rouse Avenue Courts, and directed that a copy of the order be sent to the Principal District and Sessions Judges of both courts for information and compliance.

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$~54

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- TR.P.(CRL.) 8/2025

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MOHD. EILWA GHONIM SHALABY .....Petitioner

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Through: Mr. Rakesh Malhotra, Advocate.

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versus

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ANKUR AGGARWAL AND ORS. .....Respondents

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Through: None.

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CORAM:

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HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R

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% 21.01.2025

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The present petition seeks transfer of Complaint Case no. 6229/2023 titled Mohammed Eliwa Ghonim Shalaby v. Ankur Aggarwal & Ors ., which is pending adjudication before the Chief Metropolitan Magistrate¹ , Patiala House Courts, New Delhi. The aforesaid compliant case has been instituted pursuant to complaints filed by the Petitioner before the CMM under Sections 200 and 156(3) of the Code of Criminal Procedure² .

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During the proceedings in the aforesaid compliant case vide order dated 2^nd April, 2024, the CMM called for a status report from the Economic Offences Wing, New Delhi³ . Pursuant thereto, the EOW informed the Court that during enquiry it has been revealed that the alleged offence has occurred in a Singapore based company, having been committed by an Indian

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1 “CMM”

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2 “Cr.P.C.”

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3 “EOW”

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This is a digitally signed order.

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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 24/01/2025 at 16:27:38

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National and therefore, the EOW does not have jurisdiction to investigate the matter and have in fact transferred the present complaint to the Central Bureau of Investigation⁴ for taking necessary action. In light of the above, counsel for the Petitioner urges that since the investigation has been transferred to the CBI, the trial of the compliant case should also be done by a court having competent jurisdiction over CBI – i.e., Court of CMM at Rouse Avenue Courts, New Delhi.

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The Court has considered the submissions of the Petitioner and perused through the status report filed by the EOW. Since the investigation in the matter has been transferred to the CBI by the EOW, the Court finds merit in the submission of the Petitioner that the complaint case should also be tried by a court having competent jurisdiction.

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Accordingly, the Complaint Case No. 6229/2023 presently pending before the CMM, Patiala House Courts, New Delhi is transferred to the Court of CMM at Rouse Avenue Courts for adjudication, in accordance with law.

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With the above direction, the instant transfer petition stands disposed of.

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A copy of this order be sent to the Principal District and Sessions Judge of the Patiala House Court and Rouse Avenue Court respectively, for necessary information and compliance.

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SANJEEV NARULA, J

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JANUARY 21, 2025/ as

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4 “CBI”

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This is a digitally signed order.

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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 24/01/2025 at 16:27:38

Mohd. Eilwa Ghonim Shalaby v. Ankur Aggarwal and Ors.

Case brief

What is this about?

What did the court decide?

Mohd. Eilwa Ghonim Shalaby v. Ankur Aggarwal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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Procedural history

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