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2025 Supreme(Online)(Del) 1609

IN THE HIGH COURT OF DELHI AT NEW DELHI
AMIT MAHAJAN, J
J. DALVIN SURESH – Appellant
Versus
CENTRAL BUREAU OF INVESTIGATION – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Abhijit Anand
For the Respondents:Mr. Rajesh Kumar, SPP, Ms. Mishika Pandit, Mr. Mohd. Changez Ali Khan, Ms. Rebecca John, Sr. Advocate, Mr. Sanjeev Kumar Sharma, Mr. Anirudh Gandhi, Mr. Sanga Sud, Ms. Vaishali Goyal, Mr. Debargha Roy, Ms. Anshuka Barua

JUDGMENT

1. The present petition is filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (‘ BNSS ’) challenging the impugned order dated 26.09.2024 (hereafter ‘impugned order’), passed by the learned Trial Court, in Misc. Crl. No. 65/2024 arising out of RC-048 2024 S0008.

2. The brief facts of the case are that on 27.07.2024, the petitioner’s son, who was preparing for the UPSC Civil Services Examination, died due to drowning on account of the flooding of the basement with rainwater in Rau’s IAS Study Circle. Pursuant to the incident which claimed the life of three students, an FIR being FIR No. 151/2024 dated 28.07.2024 was registered under Section 105, 106(1), 115(2), 290, 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is alleged that the library built in the basement of the Rau’s IAS Study Circle had been running illegally, and in violation of the Master Plan for Delhi, 2021.

3. Respondent No. 2 is stated to be the owner of Rau’s IAS Study Circle. By the impugned order, the learned Trial Court, in an application filed by Respondent No. 2 seeking return of certain financial documents belonging to him, and lying

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