Hari Datt Sharma v. Union Of India & ORS.
$~67 & 72 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3283/2025, CRL.M.A. 37909/2025 HARI DATT SHARMA .....Petitioner Through:
Mr. A.K. Singla, Sr. Advocate with Mr. Rahul Shukla, Mr. Sahil Kumar, Mr. Arun Kumar and Mr. Rohan Sehrawat, Advocates with petitioner in person.
versus UNION OF INDIA & ORS.
.....Respondent Through:
Mr. Sanjeev Bhandari, ASC for the State with Mr. Arjit Sharma and Ms.
Sakshi Jha, Advocates.
Mr. Amit Tiwari, CGSC for UOI with Ms. Ayushi Srivastava, Mr. Ayush Tanwar, Mr. Arpan Narwal and mr.
Kushagra Malik, Advocates.
+ W.P.(CRL) 4215/2025, CRL.M.A. 37961/2025, CRL.M.A. 37962/2025, CRL.M.A. 2359/2026 HARI DATT SHARMA .....Petitioner Through:
Mr. A.K. Singla, Sr. Advocate with Mr. Rahul Shukla, Mr. Sahil Kumar, Mr. Arun Kumar and Mr. Rohan Sehrawat, Advocates with petitioner in person.
versus COMMISSIONER OF POLICE & ORS.
.....Respondents Through:
Mr. Sanjeev Bhandari, ASC for the State with Mr. Arjit Sharma and Ms.
Sakshi Jha, Advocates.
Ms. Rajni Gupta, SPP for CBI.
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CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 28.01.2026 W.P.(CRL) 3283/2025 By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the petitioner seeks direction to respondents Nos. 1 to 4 to frame a Standard Operating Procedures for ensuring recovery of lost amounts in case FIR No. 03/2024 dated 03.01.2024 registered under sections 406/420/467/468/471/120B of the Indian Penal Code, 1860 and section 66C of the Information Technology Act, 2000 at P.S.: Special Cell, New Delhi.
2.
The petitioner alleges that he has been victim of a fraudulent scheme at the hands of certain persons, inter-alia arrayed as respondent Nos. 6 to 9 in the present proceedings, who induced the petitioner into depositing a sum of about Rs. 3.5 crores in various bank accounts against promise of handsome profits; however, the amount has thereafter disappeared by being transferred to various other genuine/mule accounts, and is required to be traced. 3.
Mr. A.K. Singla, learned senior counsel appearing for the petitioner submits, that the amounts were deposited by the petitioner between 2018-2022; and despite the subject FIR having been registered on 03.01.2024, as per the petitioner's information, the Investigating Officer ('I.O.') has been able to trace only of Rs.16 lacs out of the Rs.3.5 crores of the petitioner's money.
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4.
Mr. Singla submits, that no procedure has been devised by respondents Nos. 2 and 3 to trace the missing money; and with the increase in the number of such fraudulent schemes, especially targeting senior citizens, respondents Nos. 1, 2 and 4, namely the Ministry of Home Affairs, the Commissioner of Police Delhi and the National Cyber Crime Reporting Portal ought to devise Standard Operating Procedures to ensure recovery of the entire lost amount and to prevent such fraudulent schemes.
5.
Upon query, Mr. Singla submits, that respondents Nos. 6 to 9 are a few of the persons who were arrested by the I.O. in the subject FIR; and are only impleaded as pro-forma parties.
6.
Learned SPP appearing for CBI however points-out, that in Suo-Motu Writ Petition (Criminal) No. 3/2025, the Supreme Court is already seized inter-alia of the issue sought to be raised by the petitioner. 7.
Attention has been drawn to order dated 01.12.2025 passed by the Supreme Court in the aforementioned suo-motu proceedings, a copy of which is appended as Annexure-D to W.P.(Crl.) 4215/2025. 8.
Since the Supreme Court is already seized of the issues raised in the present matters, including larger issues as detailed in order dated 01.12.2025, this court would not entertain the present petition which is accordingly, disposed-of.
9.
Needless to add that, if so advised, the petitioner will be entitled to avail the liberty granted by the Supreme Court vidé order dated 01.12.2025, which reads as follows:
"7. Learned Amicus Curiae has also sought certain directions which are being issued hereinafter.
All further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
submissions by the parties/intervenors/any other aggrieved person or those who want to assist the learned Amicus Curiae shall be at liberty to send relevant material or provide their submissions to her e-mail ID, i.e. amicus.digital-arrest@nappinai.com . " 10.
Petition is disposed-of in the above terms.
11.
Pending applications, if any, stand disposed-of. W.P.(CRL) 4215/2025 12.
In view of the order passed in W.P.(CRL) No. 3283/2025, the present petition is also disposed-of.
13.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JANUARY 28, 2026/hb The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.