Rajesh Khanna v. Commissioner Of Police & ORS

$-60 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.ICRL^ 2373/2018 & Crl. M.A. No.296Q1/?01 S RAJESHIOIANNA ^ ~r.

Petitioner V ersus COMMISSIONER OF POLICE & ORS.

Respondents + W.P.fCRLI 1781/2018 & Crl. M.A. Nn.llft41/7.niS ALIKHABOOD SHAKERI petitioner

Versus

COMMISSIONER OF POLICE Respondent Through: Ms. Titasha Banarjee and Mr. Sanjay Pal, Advocates.

Mr. Sanjeev Bhandari, Special Public Prosecutor for CBI with Mi*. Prateek Kumar, Advocate for Respondent No.2.

Ms. Kamna Vohra, Additional Standing Counsel for State with SI Pawan Kumar, PS BOW.

CORAM:

HON'BLE MR. JUSTICE NAJMIWAZIRI

ORDER

% 24.09.2018 At the outset, Mr. Bhandari, the learned Special Public Prosecutor for CBI, states that the CBI has no role in the case and that the investigation of the case has been entrusted to the Economic Offences Wing vide order dated 13.09.2017.

The learned counsel for the State too submits that the petition is not maintainable in the first instance because the petitioners have an equally efficacious alternative remedy available to them. The petitioners are aggrieved by what they state to be an unfair investigation in the case bearing FIR No. 13/2017 registered under sections 420/406/409/ I20B IPC and RC No.219/2017 E0002 under sections By:AMULYA

120B/420/471 IPG r/w sections 13(2) and 13(l)(d) of the Prevention of Corruption Act, 1988, at Police Station Economic Offences Wing, New Delhi. The petition shall be treated as a representation to the police and appropriate action shall be taken thereupon. The petitioners shall be informed of the action taken, within six weeks from today. At this stage, the learned counsel for the petitioners submits that she has been threatened over telephone calls, originating outside of India , and that her representation to the police has yielded no result. Ms. Vohra, the learned counsel for the State, assures the Court that the matter will be looked into and appropriate action, as may be, would be taken, with intimation to the counsel for the petitioners.

She further submits that since the last order, two persons, namely, Rajesh Khanna and Giri Raj Singh Rahal have been arrested on 17'^ and 18^*^ of July, 2018 respectively and that the investigation is underway. She submits, upon instructions, that investigations are likely to be ~conGluded_shortly and she expects compliance of the statutory provisions as stupulted. Let the needfulbe done. Should the petitioners have any grievance, it will be open to them to seek legal remedies, as available in law.

The petitions, alongwith pending applications, stand disposed-off in the above terms.

A copy of this order be given dasti to the learned counsel for the parties under signature of the Court Master.

NA^I WAZIRI, J.

SEPTEMBER 24, 2018/sb