Hamidullah Bhat v. Central Bureau Of Investigation

$~78 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 7858/2024 & CRL.M.A. 29974/2024 HAMIDULLAH BHAT .....Petitioner Through:

Mr. Siddharth Aggarwal, Senior Advocate and Mr. Adit S Pujari, Mr.

Chaitanya, Mr. Zeeshan Thomas and Ms. Manika Vohra, Advocates.

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

Counsel (appearance not given).

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 04.10.2024 CRL.M.A. 29975/2024 Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

CRL.M.C. 7858/2024 By way of the present petition filed under section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 ('BNSS'), the petitioner impugns order dated 30.09.2024, whereby the learned Special Judge (PC Act), Rouse Avenue ourt Complex, New Delhi has been pleased to dismiss an application filed by the petitioner under section 313(1) of the Code of Criminal Procedure, 1973 ('Cr.P.C.') which had sought deletion of certain questions in the 'draft questionnaire' drawn-up for recording the petitioner's statement under section 313 Cr.P.C.

CRL.M.C. 7858/2024 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 09:32:54

2.

After making some submissions, Mr. Siddharth Aggarwal, learned senior counsel and Mr. Adit S. Pujari, learned counsel appearing for the petitioner, seek leave to withdraw the present petition, with liberty to file an appropriate application under section 311 Cr.P.C. seeking to recall PW-13 and PW-18 for further cross-examination. 3.

In the circumstances, the petitioner is permitted to withdraw the present petition, with liberty to file an appropriate application under section 311 Cr.P.C. for the purpose referred to above, leaving it to the learned Special Judge to decide the same, in accordance with law. 4.

It is made clear that this court has not expressed any opinion on the merits of the issue raised by the petitioner. 5.

The learned Special Judge is also directed to consider any application filed by the petitioner under section 311 Cr.P.C. afresh and without reference to the prayers in the application filed under section 313 Cr.P.C. that has been dismissed by way of order dated 30.09.2024. 6.

The petition is disposed-of as withdrawn, in the above terms. 7.

Pending applications, if any, also stand disposed of. ANUP JAIRAM BHAMBHANI, J OCTOBER 4, 2024 ss CRL.M.C. 7858/2024 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 09:32:54