IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:24.02.2025 + CRL.M.C. 4058/2019, CRL.M.A. 33694/2019, CRL.M.A.

9603/2022 & CRL.M.A. 19002/2024 ASHOK JATIA ..... Petitioner versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Advocates who appeared in this case:

For the Applicant : Mr. Sudhir Nandrajog, Sr. Adv. with Mr.

Akash Nagar, Ms. Akanksha Chauhan, Ms.

Arpita Sharma & Mr. Harshit Ahir, Advs.

For the Respondent : Mr. Atul Guleria, SPP with Mr. Shubham Goyal, Mr. Aryan Rakesh &Mr.Pankaj Kumar, Advs.

CORAM HON’BLE MR JUSTICE AMIT MAHAJAN

JUDGMENT

1. The present petition is filed challenging the order passed by the learned Chief Metropolitan Magistrate (‘CMM’), Rouse Avenue Courts, New Delhi dated 30.07.2019 (hereafter ‘impugned order’) in Complaint Case No. 36/2019, pursuant to which three applications filed by the respondent were allowed.

Brief Facts

2. A detention order dated 13.12.1985 under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Signature Not Verified Signed By:SHIKHA CRL.M.C. 4058/2019 Page 1 of 23 Activities Act, 1974 (hereafter 'COFEPOSA') was passed against Sh.

Mohan Lal Jatia, by the Ministry of Finance, Government of India.

3. The wife of the detenu, Smt. Pushpa Devi Jatia challenged the Detention Order dated 13.12.1985 in a Writ Petition which was dismissed by a Division Bench of the Hon’ble Bombay High Court.

4. On 06.05.1986, Smt. Pushpa Jatia filed a Special Leave Petition bearing No. 370/ 1986 before the Hon’ble Supreme Court, challenging the dismissal order passed by the Division Bench of the Hon’ble Bombay High Court, and another Writ Petition bearing No. 363/ 1986 challenging the validity of the Detention Order dated 13.12.1985. In the said WP No. 363/ 1986, it was contended that the detenu Sh. Mohan Lal Jatia had submitted a representation to the Secretariat of the President of India to revoke the Detention Order dated 13.12.1985 and that the same has not been considered by the detaining authority.

5. The Hon’ble Supreme Court vide order dated 01.05.1987 in WP No. 363/ 1986 and SLP No. 1370/1986, directed the CBI to investigate the matter and submit a report to the Ministry of Home Affairs, Government of India.

6. The investigation revealed that the accused persons including the petitioner, who is the nephew of the detune Sh. Mohan Lal Jatia, in conspiracy with the employees of the President’s Secretariat, New Delhi, interpolated the entries in the official Dak Register of the Rashtrapati Bhawan in order to show false representation of the detune Sh. Mohan Lal Jatia, on 15.04.1986 and filed false affidavits in this behalf in the WP No. 363/ 1986 and SLP No. 1370/1986.

Signature Not Verified Signed By:SHIKHA CRL.M.C. 4058/2019 Page 2 of 23

7. After the completion of investigation, the respondent submitted a report dated 31.01.1989 to the Joint Secretary (Vigilance), Department of Personnel and Training, New Delhi with request that the report may be submitted to the Ministry of Home Affairs, Government of India, for necessary action.

8. The said report dated 31.01.1989 was placed before the Hon’ble Supreme Court, whereafter the Hon’ble Court directed the Registrar General of the Hon’ble Supreme Court to file a complaint under Section 195 read with Section 340 of the Code of Criminal Procedure, 1973 (‘CrPC’) before a court of competent jurisdiction.

9. A complaint bearing No. 39/2001 was filed by the Registrar General before the learned Chief Metropolitan Magistrate, Tis Hazari Court, Delhi in terms of Section 195 read with Section 340 of the CrPC for offences under Section 120-B read with Sections 193, 199, 218, 466 and 471 of the Indian Penal Code, 1860 (‘IPC’)against the petitioner along with five other accused persons namely – Sh. Mohan Lal Jatia, Smt. Pushpa Jatia, Sh. Ashok Jain (employee of the son-in- law of Sh. Mohan Lal Jatia), Sh. Milap Chand Jagotra (staff ofPresident’s Secretariat) and Sh. Gurcharan Singh (staff ofPresident’s Secretariat).

10. The charges