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High Court of DelhiCRL.M.C./483/2024

Mahesh Grover & ANR. v. Central Bureau Of Investigation

2024-05-29Hon'Ble Mr. Justice Amit Mahajan2 pages

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 483/2024 MAHESH GROVER & ANR.

..... Petitioners Through:

Mr. Rajiv Gupta & Ms.

Shivangi Singh, Advocates.

versus CENTRAL BUREAU OF INVESTIGATION.... Respondent Through:

Mr. Rajesh Kumar, SPP alongwith Ms. Mishika Pandita & Mr. Neeraj Pandey, Advocates.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 29.05.2024 1.

The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of FIR No. RC S18 2004 E0001 CBI, EOU.IV, EO.II, New Delhi pending before the learned MM-01, North-West/Rohini, New Delhi. 2.

The learned counsel for the petitioner submits that the FIR was registered in the year 2004 and the chargesheet was filed after inordinate delay of 14 years on 10.12.2018. 3.

The learned counsel for the petitioner relies upon the judgement passed by Coordinate Bench of this Court in Dr Sarbesh Bhattacharjee v.

State of NCT of Delhi:

2022:DHC:4281 and contended that the chargesheet in the said case was filed with inordinate delay and the FIR was quashed on the said ground.

4.

It is not in dispute that the matter is now listed before the 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 01/06/2024 at 12:31:30

learned Trial Court for arguments on charge.

5.

It is not denied that the petitioner was aware of the proceedings in the FIR and the filing of the chargesheet in the year 2018. There is thus an inordinate delay, which is not explained, on the part of the petitioner in approaching this Court. 6.

In view of the above, this Court does not consider it apposite to entertain the present petition.

7.

The petitioner is at liberty to take all arguments before the learned Trial Court at the time of arguments on charge. 8.

It is clarified that this Court has not expressed any opinion on the merits of the present case and the learned Trial Court is at liberty to decide the matter on its own merits after considering the judgment of this Court in Dr. Sarbesh Bhattacharjee (supra). AMIT MAHAJAN, J MAY 29, 2024 'Aman'

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 01/06/2024 at 12:31:30