Shashikant Gosavi & ANR. v. State Of NCT Delhi

$~90 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1216/2025 SHASHIKANT GOSAVI & ANR. .....Petitioners Through:

Mr. Shivendra Singh, Mr. Tarun Mehra, Mr. Varad Kilor, Advocates.

versus STATE OF NCT DELHI .....Respondent Through:

Mr. Amol Sinha, ASC with Mr.

Kshitiz Garg, Ms. Ashvini Kumar, Mr. Nitish Dhawan, Ms. Sanskriti Nimbekar, Advocates with SI Shubhangi, PS- B.K. Road.

CORAM:

HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R

% 17.04.2025 CRL.M.A. 11543/2025 (exemption) Allowed, subject to all just exceptions.

This application stands disposed of.

W.P.(CRL) 1216/2025 & CRL.M.A. 11542/2025 (interim relief) 1.

This is a petition under Section 528 BNSS, 2023 read with Article 226 of the Constitution of India seeking exemption from personal appearance before the Investigating Officer in FIR No. 81/2024 as also against the order dated 03.03.2025, passed by the learned Sessions Court in MC No. 20/2025.

2.

Both the petitioners were granted anticipatory bail by Sessions Court vide order dated 11.11.2024, subject to certain conditions, one of 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 02/07/2025 at 00:48:11

conditions being that the accused shall appear on every Monday physically before the Investigating Officer. Such condition was later modified vide order dated 18.11.2024, to the extent that petitioners shall appear before the Investigating Officer on every first and third Monday of each calendar month.

3.

Learned counsel appearing for the petitioners submits that petitioners are the residents of Nagpur and have appeared before the Investigating Officer umpteen times and are not required for further investigation. It is submitted that coming to Delhi every time causes a lot of inconvenience and financial burden upon the petitioners, and therefore, a request has been made to relax the aforesaid condition.

4.

Issue notice. Notice is accepted by learned ASC appearing for the State.

5.

Learned ASC submits that investigation is still continuing and petitioners would be required at least on three more days for the purpose of further investigation and may not be required thereafter. 6.

In view of the aforesaid, petition is disposed of with direction that petitioners would be joining the investigation on three more occasions as and when directed by the Investigating Officer. In case petitioners are still required for further investigation, petitioners may be asked to join the investigation through video conferencing.

RAVINDER DUDEJA, J APRIL 17, 2025/vd 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 02/07/2025 at 00:48:11