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NEENA BANSAL KRISHNA
Central Bureau of Investigation – Appellant
Versus
Avnish Kumar – Respondent
ORDER
Crl.M.C.12578/2025 (Seeking Exemption)
Allowed, subject to just exceptions.
2. The Application stands disposed of.
Crl.M.C.2816/2025
3. The case is received on Transfer.
4. Petition under Section 528 BNSS has been filed on behalf of the Petitioner/CBI challenging the impugned Order dated 15.04.2025 passed by learned Special Judge, PC Act, New Delhi, whereby Police Custody/Remand to the three Respondents has been denied in CBI Case RC 2182025A0010/AC-III/New Delhi under Section 61 (2) BNS Act, 2023 read with Section 7, 7A, 12 PC Act, 1988.
5. It is submitted in the Petition that a Complaint dated 08.04.2025 was made by the Complainant Himanshu Nanavaty who was an accused in one case and a Complainant in the another, wherein both the matters were under investigation by CBI, EO-II branch. According to the Complainant, Respondent No.1 Avnish Kumar introduced himself as a CBI Officer and offered to settle both the cases. He then introduced the Complainant to Respondent No.2 Anil Tanwar (A-2) as CBI Officer who offered to help the Complainant in his cases and demanded an amount of Rs.50 lakhs which was subsequently reduced to Rs.35 lakhs. Respondent no.2 directed the Complainant to
(1) Remand of accused – Custodial interrogation is qualitatively more elicitation oriented than questioning an accused who is well ensconced in judicial custody.(2) Efficacy of interrogation is great....
No accused can be permitted to frustrate judicial process by his conduct.
No exceptions can be made to the statutory provisions under Section 167 of the Cr.P.C., even during the COVID-19 pandemic. Police custody after the expiry of the initial 15 days is not permissible, a....
Procedure when investigation cannot be completed in twenty four hours - No power to extend period prescribed in Section 167 for completing investigation on any grounds, even in name of COVID-19 pande....
Point of law : Criminal Law – Transfer of investigation - Transfer of investigation to CBI is not a matter of routine, in extraordinary circumstances by using powers of this Court sparingly in except....
Criminal Law - Transfer of investigation - Not rarest of rare case - Investigation to be conducted officer above rank of A.C.P.
Court held that state police investigation indicated bias; thus, CBI should investigate to ensure impartiality in serious allegations involving high-profile figures.
The main legal point established in the judgment is the court's discretion in allowing custodial interrogation based on the necessity and legitimacy of the state's request.
Second application filed by NIA seeking police custody beyond 30 days of remand of accused is maintainable.
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