Delhi High Court
Abhijit Roy vs State Nct Of Delhi on 6 December, 2010
Author: Shiv Narayan Dhingra
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Reserve: November 24, 2010
Date of Order: December 06, 2010
+ Bail Appln. No.1332/2010
% 06.12.2010
Abhijit Roy ...Petitioner
Versus
State NCT of Delhi ...Respondent
Counsels:
Mr. Madan Bhatia, Sr. Adv. with Mr. Anup Kr. Sinha and Mr. AK Pandey for petitioner.
Mr. Sunil Kumar Sharma, APP for State/respondent.
JUSTICE SHIV NARAYAN DHINGRA
1. Whether reporters of local papers may be allowed to see the judgment?
2. To be referred to the reporter or not?
3. Whether judgment should be reported in Digest?
JUDGMENT
1. The petitioner/accused has sought anticipatory bail in a case under Sections
419/420/469/120B of IPC.
2. The learned senior counsel for the accused/petitioner submits that section 419
and 469 were bailable and no ingredients of section 420 were made out, therefore, no
custodial interrogation of the petitioner/accused could be sought by the police and the
accused was entitled for anticipatory bail.
3. The brief facts relevant for the purpose of deciding this petition are that Mr.
Pradeep Gupta, OSD to Finance Minister made a complaint to the police that it has
come to his notice that signatures and official letterheads of Smt. Omita Paul, Adviser to
Union Finance Minister had been forged and forged letters had been written to various
Bail Appln. No.1332/2010 Page 1 Of 3
organizations by unknown person. On receipt of this complaint, an inquiry was
conducted by police and statement of Mr. Andre Timmins, Director of Wizcraft
International Entertainment Pvt. Ltd was recorded. The statement of Mr. Andre Timmins
revealed that Mr. Chetan, an officer of the company posted at Delhi had received a
phone call from a person posing himself as Mr. Bhattacharya and he introduced himself
as a person known to Mr. Pranav Mukherjee. He recommended that one Shivam be
given a job in the company with good remuneration. On this the company employed Mr.
Shivam who was working with them till registration of the FIR. However, after about 7/8
months ago, another call was received from same person claiming to be Mr.
Bhattacharya and he recommended that one Ms. Risha Sharma be assigned some role
in the films. Thereafter, Risha Sharma was sent to this company. She had been sent to
Mumbai office. However, Mumbai office advised her to come after about two months.
After two months, another call was received from same person posing as Mr.
Bhattacharya who instructed the company to arrange a two bed room flat, a car and
other facilities in Mumbai for Ms. Risha Sharma. On 29th August 2009, a fax message
with a fax letter from Ms. Omita Paul, Advisor to Finance Minister on her official
letterhead with emblem of Govt. of India was received and in this letter it was mentioned
that the letter was written on the advice of Hon'ble the Finance Minister and Mr. Andre
Timmins should call Mr. Bhattacharya personally and apologize as his behaviour with Mr.
Bhattacharya was not good.
4. The investigation of entire episode led to the accused and it was found that he
was making phone calls in the name of "Mr. Bhattacharya" and on forged letters of Ms.
Omita Paul, he correspondended with Wizcraft International Entertainment Pvt. Ltd and
asked it to entertain Ms. Risha Sharma. Call details and the statement of witnesses
revealed that the accused was user of the phone numbers issued in different names and
addresses. The accused was sought to be traced but he had not been available. Delhi
Bail Appln. No.1332/2010 Page 2 Of 3
police visited at his Kolkota address thrice but could not trace him. It is obvious that
accused was absconding. The plea taken by the counsel for the petitioner that custodial
interrogation of accused was not necessary is a baseless plea. It would be necessary for
the police to find out as to how many more persons the accused had written such forged
letters and sought favours either for himself or for his known persons by posing and
impersonating himself as "Mr. Bhattacharya" or some other person close to Finance
Minister and other ministers.
5. I consider that it is not a trivial matter and investigation in such like matters must
be done thoroughly and the person is required to be interrogated by custodial
interrogation. I find no force in this bail application. The application is hereby dismissed.
December 06, 2010 SHIV NARAYAN DHINGRA, J
rd
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