High Court of DelhiW.P.(CRL)/2735/2017

Samir Ahluwalia v. State & ANR

2017-09-19Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~63 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2735/2017 SAMIR AHLUWALIA ..... Petitioner Through:

Mr.Aman Lekhi, Sr.Adv. with Mr.Mudit Jain, Adv.

versus STATE & ANR ..... Respondents Through:

Mr.Rajesh Mahajan, ASC with Mr.Sachin Gupta, Adv.

Mr.Pankaj Singh, ACP and Insp.Vivek Pathak, STF/Crime Branch.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 19.09.2017 Crl.M.A.15697/2017 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

W.P.(CRL) 2735/2017 Though the present petition has been filed seeking mandamus for a reinvestigation of the FIR No.240/2012, but Mr.Aman Lekhi, learned senior advocate, after strenuous arguments limited his prayer to giving a direction to the investigating agency to take into account all the materials which have been made available to it for coming to a conclusion.

It has been submitted that one Ravi Muthereja has written a letter to the police alleging that the allegations which were levelled by him against the accused persons of the case were not out of his free will but at the instance of one Navin Jindal, the then M.P with whom Mr.Ravi Muthereja had worked in the past. It would only be fair and expedient for the investigating agency to take into account every material on which the agency could lay its hands upon and to consider it in a holistic manner so as to come to a right conclusion.

Mr.Rajesh Mahajan, learned Additional Standing Counsel submits that the statement of Ravi Muthereja shall be taken into account and the matter would be investigated in the most fair, impartial and comprehensive manner.

Since there is no opposition on the part of the State to accept this proposition that all matters which are collected during the course of investigation have to be analysed for coming to a right conclusion, this Court does not consider it necessary to pass any specific direction in the present writ petition.

As such the present writ petition is disposed of. ASHUTOSH KUMAR, J SEPTEMBER 19, 2017 k