Rajan Gupta v. Central Bureau Of Investigation And Others

2023:PHHC:054901

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-6657-2023 Date of Decision: 19.04.2023 Rajan Gupta ......... PeƟƟoner

Versus

Central Bureau of InvesƟgaƟon and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Vinod Ghai, Senior Advocate with Mr. Deepak Sabharwal, Advocate and Ms. Mahima Dogra, Advocate for the peƟƟoner.

Ms. Shubhra Singh, Advocate for the respondent-CBI. Mr. Satya Pal Jain, AddiƟonal Solicitor General of India with Mr. Dheeraj Jain, Senior Panel Counsel for respondents No. 2 and 3. **** ANOOP CHITKARA, J. (ORAL) 1.

The present peƟƟon has been filed under SecƟon 482 Cr.P.C. for issuance of any appropriate order or direcƟon for quashing of impugned order dated 11.01.2023 (Annexure P-5), whereby the applicaƟon filed by the peƟƟoner under SecƟon 91 Cr.P.C. has been dismissed.

2.

Mr. Dheeraj Jain, Senior Panel Counsel appearing for respondent No. 2-UOI submits that the documents which the peƟƟoner wants, have already been destroyed. Respondent No. 2 shall hand over the demanded documents except the minutes to the peƟƟoner in case the same had not already been destroyed. 3.

At this stage, Senior counsel appearing for the peƟƟoner submits that as per rules they cannot destroy the documents.

4.

Be that as it may, this Court is not going into this moot quesƟon and the peƟƟoner has a liberty to take up this point in academic quesƟon in any other peƟƟon. 5.

AŌer hearing counsel for the parƟes at length, which order this Court proposes to pass is that it shall be permissible for the peƟƟoner to apply for minutes, in case he wants to apply, it shall be permissible to him to apply under the Right to InformaƟon Act but in the present proceedings, the said documents cannot be ordered to be given to him.

6.

Given above, the present peƟƟon is disposed of with the above observaƟons. (ANOOP CHITKARA) 19.04.2023 JUDGE JyoƟ-II JYOTI 2023.04.25 14:34 I attest to the accuracy and integrity of this order/judgment.

Whether speaking/reasoned Yes/No Whether Reportable Yes/No