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High Court of DelhiW.P.(CRL)/1188/2017

Dr. K Kahirvel v. Central Bureau Of Investigation

2024-02-29Hon'Ble Mr. Justice Amit Sharma2 pages

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1188/2017 & CRL.M.A. 1205/2023 DR. K KAHIRVEL ..... Petitioner Through:

Mr. Yatinder Chaudhary, Advocate.

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

Mr. Rajesh Kumar, SPP for CBI.

Mr. Vikas Mehta and Mr. Ankit Vashisht, Advocates for R-2.

Mr. K.N.Bal Gopal, Senior Advocate with Mr.

Mohinder Saini, Mr. Jitender Saini and Mr. B.

Suyodhan, Advocates for R-3.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

O R D E R

% 29.02.2024 1.

The present petition under Articles 226/227 of the Constitution of India seeks following prayers:- "In view of the facts as mentioned and narrated above, it is humbly submitted that this Hon'ble Court may be graciously pleased to:- (a) issue writ in any nature directing the CBI to investigate the present matter and call upon the Petitioner to furnish further documentary and oral evidence in support of the Complaint dated 15.09.2016; Or alternatively issue writ in the nature of Mandamus directing Respondent- CBI herein to dispose of the complaint dated 15.09.2016 of the Petitioner immediately, and (b) pass any other(s) further order or. direction(s)which this Hon'ble Court may deem fit and proper in the facts of the case as mentioned and narrated hereinbefore in the preceding paras. AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY." 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 04/03/2024 at 11:25:06

2.

It is a matter of fact that respondent/CBI had conducted a preliminary enquiry and status report authored by Insp.

P.

Velayutham, CBI/ACB/Chennai has been placed on record, wherein it has been recorded as under:- "12. That in view of the above findings, a Preliminary Enquiry was registered by CBI, ACB, Chennai on 29.11.2017 after obtaining approval from the Competent Authority to look into the above aspects and the enquiry is at the crucial stage of finalization to unearth the veracity of the allegations/averments mentioned in the complaint. It is most humbly submitted that a detailed report will be submitted after completion of the investigation."

3.

In view of the above, learned counsel appearing on behalf of the petitioner seeks leave to withdraw the present petition. 4.

The present petition is dismissed as withdrawn and disposed of accordingly.

5.

Pending application(s), if any, also stand disposed of. 6.

Needless to say that the CBI shall take necessary steps with regard to the preliminary enquiry in accordance with law. AMIT SHARMA, J FEBRUARY 29, 2024/sn 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 04/03/2024 at 11:25:06