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2023 Supreme(Del) 3416
IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Anil Dutt Sharma – Appellant
Versus
Govt. of NCT of Delhi Through Lt. Governer – Respondent
W.P.(C) 9572 of 2023
Decided On : 20-07-2023
Mr. Manoj Kumar Dwivedi, Advocate, for the Petitioner.
The court emphasized the importance of establishing substantial questions of law and preventing abuse of the legal process.
Headnote:
Abuse of Process of Law - Transfer of Case - Prevention of Corruption Act, Indian Penal Code - Sections 7/8/13, 384/419/120B - Article 228 of the Constitution of India
Fact of the Case:
The petitioner sought direction to withdraw a case pending before the Special Judge, PC Act/ACB/Central-05/Tis Hazari Courts, Delhi, invoking Article 228 of the Constitution of India. The petitioner alleged that the case arose from events prior to the registration of the FIR and involved fabrication of evidence to secure custody.
Finding of the Court:
The court found that the petitioner failed to establish any substantial question of law and deemed the petition an abuse of the process of law. The court dismissed the writ petition and pending applications, allowing the petitioner to raise the grounds as defense during the trial.
Issues: The issues revolved around the alleged fabrication of evidence, non-compliance with legal clauses, and repeated filing of unnecessary petitions by the petitioner.
Ratio Decidendi: The court held that the petition lacked any framed question of law requiring the transfer of the case and deemed it an abuse of the process of law.
Final Decision: The writ petition was dismissed, and pending applications were also dismissed, with the petitioner allowed to raise the grounds as defense during the trial.
JUDGMENT (Oral)
CM APPL. 36635/2023 (Exemption)
Allowed, subject to all just exceptions.
W.P.(C) 9572/2023
1. The Petitioner has approached this Court by invoking Article 228 of the Constitution of India and prays for a direction to the State to withdraw the case, i.e. CC No.09/2014, pending before the learned Special Judge, PC Act/ACB/Central-05/Tis Hazari Courts, Delhi, which arises out of FIR No.51/2014 dated 24.06.2014, registered at Police Station Anti Corruption Branch under Sections 7/8/13 of the Prevention of Corruption Act and 384/419/120B of the Indian Penal Code, on the ground that the said case raises substantial question of law, which, according to the Petitioner, arose out of the events that happened prior to 07:00 PM on the date of registration of the FIR, i.e. 24.06.2014. The Petitioner has further prayed for a direction to the State to produce the written complaint/information received at 07:00 PM along with its D.D. entry.
2. The facts, in brief, as narrated by the Petitioner in the present Writ Petition are that a written information was alleged to have been received by the Police Station Anti Corruption Branch at 07:00 PM upon which a D.D. entry, being DD Entry No. 29, and later on an FIR, being F.I.R. No. 51/2014, was registered by the Anti Corruption Branch at 07.00 P.M on 24.06.2014. However, as per the Petitioner, prior to the registration of FIR at 07:00 PM on 24.06.2014, the following events took place:
"III. At 10.02 a.m.: A phone was made by one Joginder Singh from his Mobile Phone 92125501240 to the petitioner at his mobile phone number 9871622255 having cordial relationship with the petitioner and he insisted the petitioner to have a urgent talk but denied by the petitioner.
IV. At 10.08 a.m.: Another phone made by one Joginder Singh from his Mobile Phone 92125501240 to the petitioner at his mobile phone number 9871622255 compelled the petitioner to have a urgent talk but again denied by the petitioner.
V. At 2.24.p.m.: A phone made by one Joginder Singh from his Mobile Phone 92125501240 to the petitioner at his mobile phone number 9871622255 to call at Chauhan Banger Pulia.
VI. At 2.30 p.m.: A phone made by one Joginder Singh from his Mobile Phone 92125501240 to the petitioner at his mobile phone number 9871622255 insisted the petitioner to have a talk at Chauhan Banger Pulia.
VII. About 2.35 p.m.-2.50: The petitioner reached near Chauhan Banger Pulia and just reaching there, the petitioner was gripped by Jarnail Singh and Pankaj Sharma and at their instance Joginder Singh slapped twice at the chick of the petitioner. Meanwhile Pankaj Sharma took out from the pocket of petitioner his Mobile Phone and handed over to Jarnail Singh and Motor Cycle of petitioner.
VIII. At 3.00 p.m/03.52 p.m. till 7.00 p.m.: "Pankaj Sharma having dominion over said Mobile Phone as the capacity of public servant /in the guise of public servant, he transferred said Mobile phone to Jarnail Singh and both being public servants/in the guise of public servants committed criminal breach of trust/offence in the manner while Mr. Jarnail Singh made 9 phone calls between 3.52 p.m. to 07.00 p.m.
IX. On 24.06.2014 impersonating Anil Dutt Sharma/petitioner to the MCD officials for creating false evidence against Anil Dutt Sharma. It is submitted that Jarnail Singh admitted before the Court of learned Special Judge that at 3.00 p.m. he had made phone calls to MCD officers but these phone calls are being reflected in the CDR of Phone number 9871622255 at 3.52 p.m. and later on and its audio recordings are contained in the Mobile Phone in which impersonation of petitioner by Jarnail Singh is established.
X. At about 3.45 p.m.: The ACB police officers taking custody/ kidnapping and abduction to the petitioner reached in a vehicle at ACB police Station.
XI. At 07.00 p.m.: Pankaj Sharma prepared/fabricated/forged some documents/seizure memo of Mobile Phone to cheat the petitioner and handed over the same to Jarnail Singh precluded himself from f
