Ajay Kumar Bishnoi v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.18222 of 2019 Ajay Kumar Bishnoi ... Petitioner/1st Accused Vs.

1. The Inspector of Police, J-2, Adyar Police Station, Dr.Muthulakshmi Road, Indira Nagar, Adyar, Chennai, TN.

2. The Inspector of Police, Economic Offence Wing, Sec.V, P.S.Mandir Marg, New Delhi.

(IO in Crime No.36 of 2018)

3. Enn Emm Machines Pvt. Ltd.

New Delhi.

... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration to declare that the FIR in Crime No.36 of 2018 dated 06.03.2018 under Section 120(b), 406 and 420 of IPC on the file of the second respondent - Delhi EOW Police - Sec.V, EOW, Delhi Police, P.S.Mandir Marg, New Delhi - 110 001, as without jurisdiction and therefore void ab-initio, ultra vires and non est in law.

For Petitioner : Mr.Nithyaesh Natraj For Respondents : Mr.A.Gopinath for R1 and R2 Government Advocate (Crl. Side) Mr.A.R.L.Sundaresan for R3 Senior Counsel for M/s.A.L.Ganthimathi

O R D E R

When the matter was taken up for consideration, the learned counsel appearing for the petitioner submitted that without going into the merits of the case, this Court may permit the https://hcservices.ecourts.gov.in/hcservices/

petitioner to file appropriate petition before the High Court of Delhi which has jurisdiction and prayed to extend the order of interim stay granted by this Court on 27.06.2019 in W.M.P.No.17590 of 2019 in W.P.No.18222 of 2019 for a further period of seven weeks from the date of receipt of a copy of this order.

2.Considering the limited request made by the learned counsel appearing for the petitioner, this Court permits the petitioner to file appropriate petition before the High Court of Delhi. The order of interim stay granted by this Court on 27.06.2019 in W.M.P.No.17590 of 2019 in W.P.No.18222 of 2019 is extended for a further period of seven weeks from the date of receipt of a copy of this order.

3.With the above observation, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition, if any, is/ are closed.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar pri To

1. The Inspector of Police, J-2, Adyar Police Station, Dr.Muthulakshmi Road, Indira Nagar, Adyar, Chennai, TN.

2. The Inspector of Police, Economic Offence Wing, Sec.V, P.S.Mandir Marg, New Delhi.

(IO in Crime No.36 of 2018) Copy to :- The Public Prosecutor, High Court Madras.

+1cc to M/s.A.L.Ganthimathi, Advocate, S.R.No.37902 W.P.No.18222 of 2019 GPL(CO) CT/25/08/2021 https://hcservices.ecourts.gov.in/hcservices/