Arvind Kumar v. C B I

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4792/2016, CRL.M.A. 19924/2016 ARVIND KUMAR .....Petitioner Through:

Ms. Harleen Kaur, Advocate versus C B I .....Respondent Through:

Mr. Anupam Sharrma, SPP and Mr.

Vikrant Pachnanda, SPP, Mr. Mukul Katyal and Ms. Bhavya Sheetal, Advocates

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 24.11.2025 1.

Petition under Section 482 Cr.P.C. has been filed for setting aside the Order on charge dated 06.05.2016 and charge dated 14.05.2016 in FIR No. RC 04(A)/2008/ACU-IX/CBI/New Delhi and Chargesheet pursuant thereto.

2.

As per the submissions made, about 95 witnesses have been recorded. There were applications under Section 311 Cr.P.C. filed, seeking recall of almost 80 witnesses in all, out of which, some witnesses were common. However, some Applications have already been allowed. 3.

It is not understandable that how once the Court has declined to recall the witnesses, repeat Applications were filed for re-summoning or for summoning of those witnesses afresh. Furthermore, it is also not comprehensible why three Applications under Section 311 Cr.P.C. over a 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 01/12/2025 at 12:27:33

period of time, had to be filed and why one comprehensive 311 Cr.P.C. could not be filed.

4.

It is a trial going on since long. Then learned Trial Court has given the details of how Application after Application under Section 311 Cr.P.C. are being filed on behalf of CBI, and how the trial got stalled for almost 10 years because the Last IO was medically unfit. The entire case reflects a sad story of how the trials are being conducted by the CBI, but it is for the Department to introspect and the Court would refrain itself from commenting anything.

5.

The Petition alongwith pending Application, is hereby disposed of with liberty to the Petitioner to raise all the contentions at the appropriate stage before the learned Trial Court.

6.

The next date of hearing, i.e. 09.03.2026, stands cancelled. 7.

The learned Trial Court may ensure that no frivolous adjournments are granted to CBI or to other party.

NEENA BANSAL KRISHNA, J.

NOVEMBER 24, 2025 N 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 01/12/2025 at 12:27:33