Siby Thomas v. CBI & ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1532/2014 & Crl. M.A. 11570/2014 SIBY THOMAS ..... Petitioner Through: Mr. Wills Mathews, Mr. Shaji Sebastian & Mr. Paul John Edison, Advs.

versus CBI & ORS ..... Respondents Through: Mr. Sanjeev Bhandari, SPP, CBI with Mr. Prateek Kumar, Adv.

Mr. Nishe Rajen Shonker, Mr. Anu K. Joy & Mr. Alim Anvar, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 26.02.2019 The petitioner has taken a number of opportunities to intimate the Court as to when he would like to join investigations. On 11.07.2016, the Court had recorded as under:

"... Mr. Bhandari points out that the passport of the petitioner expired on 28.07.2015. The petitioner has not disclosed as to how he proposes to travel. I has not been disclosed by him whether he has obtained any other Indian passport or any other country's passport. It is also not disclosed whether he has taken citizenship of any other country. Let the petitioner file an affidavit in this regard within 6 weeks. Mr. Bhandari shall file a status report with regard to the status of the case against the other accused.

List on 31.08.2016.."

Thereafter the case has been listed eleven times in almost two years and eight months. Even today the petitioner is not clear as to

when he would like to visit India. The learned counsel for the petitioner submits that the petitioner will require three months time to visit India.

In view of the above, the petition is dismissed as withdrawn, with liberty to take recourse to legal remedies in changed circumstances.

NAJMI WAZIRI, J FEBRUARY 26, 2019/kk