Delhi High Court
Sanjay Dhingra & Anr. vs Central Bureau Of Investigation & ... on 19 July, 2023
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Reserved on: 17.05.2023
Pronounced on: 19.07.2023
+ CRL.M.C. 1038/2021
SANJAY DHINGRA & ANR. ..... Petitioners
Through: Mr. Gurpreet Singh, Advocate
(through video conferencing).
versus
CENTRAL BUREAU OF INVESTIGATION & ORS.
..... Respondents
Through: Mr. Nikhil Goel, SPP for CBI
with Mr. Kartik Kaushal and
Mr. Adithya Koshy Roy,
Advocates.
Mr. Kush Sharma and Ms.
Asiya Khan, Advocates for R-2
to 6 & 9 to 11.
Mr. Santosh Kuamr Rout and
Mr. Abhishek Chakraborty,
Advocates for R-7 & 8.
Mr. Anurag Ahluwalia, CGSC
for the R-12/ED.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
JUDGMENT
RAJNISH BHATNAGAR, J
CRL.M.A. 15641/2021 (for modification)
1. This is an application filed under Section 482 of the Cr.P.C. on
behalf of respondent nos. 2,3,4,5,6,9, 10 and 11 seeking recall/
modification of the order dated 02.06.2021.
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:00:57
2. It is submitted by the learned counsel for the applicants that the
notice in the main petition was issued on 26.03.2021 but till date no
notice has been served to the applicants and the order dated
02.06.2021 was passed ex-parte and the applicant/respondent Banks
recently became aware of the proceedings when they were contacted
by the newly appointed forensic auditors. It is further submitted by
him that the petitioners have not approached with clean hands and
have blatantly, and in a mala fide manner also suppressing material
facts and misleading this Hon'ble Court.
3. It is further submitted by the learned counsel for the applicants
that the order dated 02.06.2021 will not only prejudice the outcome of
other on-going proceedings involving the petitioners but it will also
have the potential to open 'pandora box' and may set a precedent in
respect to similarly placed matters. It is further submitted that in the
order dated 02.06.2021 in the last few lines which reads as "the
directions to examine the matter afresh between the period 01.10.2015
to 30.06.2018. The said Forensic Audit Firm shall give its report
within 5 months and till that time no further coercive action be taken
against the petitioners.", it is clear that this Hon'ble Court has granted
the interim protection only till the filling of the fresh forensic audit
report. It is further submitted by the counsel for the applicant that the
fresh audit report which was directed by this Hon'ble Court has
already been filed and the same has been recorded in the order dated
20.05.2022. Therefore, it is prayed that the directions issued in the
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:00:57
interim order dated 02.06.2021 be modified as the subject matter
pertaining to that order has been complied with.
4. It is lastly submitted by learned counsel for the applicants that
the applicants would be satisfied if interim order dated 02.06.2021
with regard to the appointment of forensic auditor may not be treated
as precedent as the same was passed in the facts of this case.
5. In the present case, the contention of learned counsel for the
applicants - Banks that the interim order dated 02.06.2021 may not be
treated as a precedent is concerned, the same has force in it and the
interim order dated 02.06.2021 with regard to the appointment of the
forensic auditor was passed keeping in view the peculiar facts and
circumstances of this case and on the specific ground raised by the
learned counsel for the petitioner. It is a matter of common knowledge
that each case revolves around its own facts and circumstances.
Therefore, the interim order dated 02.06.2021 with regard to the
appointment of forensic auditor is applicable to this case only as the
same was passed in view of the peculiar facts and circumstances of
this case and shall have no precedential value.
6. With the aforesaid observations, the application stands disposed
of.
CRL.M.A. 20604/2022 (vacation of stay)
7. This application under Section 482 Cr.P.C has been filed by the
respondent/CBI seeking clarification/vacation of the order dated
02.06.2021 passed in this petition.
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:00:57
8. It is submitted by learned counsel for the applicant/CBI that
interim order dated 02.06.2021 was passed only till the filing of
forensic audit report. It is further submitted that the said forensic audit
report has been filed which is recorded vide order dated 20.05.2022
passed by this Hon'ble Court. It is further submitted that the interim
order dated 02.06.2021 has outlived its life.
9. On the other hand, it is submitted by the learned counsel for the
petitioner/non-applicant that this Court after hearing the petitioner at
length granted the interim protection to the petitioner and the same
was continued time and again and attained finality.
10. In the instant case, a bare perusal of the order dated 02.06.2021
shows that the same was passed till the time the forensic audit report
was to be filed. The contention of learned counsel for the petitioner -
non applicant that the interim order was continued from date to date
has no force in it, as a bare perusal of the previous orders passed by
this Court shows that the interim protection granted to the petitioner
continued because no effective hearing was done in this case for the
reasons mentioned in the previous orders.
11. The forensic audit report has been filed as recorded in the order
dated 20.05.2022. Since the object of the interim order 02.06.2021 has
been achieved and the forensic audit report has been filed, in my
opinion, there is no reason to continue with the interim order dated
02.06.2021, as the same was granted till the filing of the audit report.
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:00:57
12. In view of the above, the application is allowed and the interim
protection granted to the petitioner vide order dated 02.06.2021 stands
vacated.
13. Accordingly, the application stands disposed of.
CRL.M.C. 1038/2021
14. List before Roster Bench on 28th July, 2023.
RAJNISH BHATNAGAR, J
JULY 19, 2023/p
Signature Not Verified
Digitally Signed
Signing Date:20.07.2023
11:00:57
