$~

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 18.12.2025 Judgment pronounced on: 18.03.2026 Judgment uploaded on: 24.03.2026 + CRL.M.C. 2454/2022, CRL.M.A. 10311/2022, CRL.M.A.

14550/2024, CRL.M.A.14551/2024, CRL.M.A. 5983/2025 &

CRL.M.A. 5985/2025 MANISH POPLI .....Petitioner Through: Mr. Maninder Singh, Senior Advocate with Ms. Aekta Vats and Ms. Janvi, Advocates.

versus CENTRAL BUREAU OF INVESTIGATION AND ORS. .....Respondents Through: Mrs. Anubha Bhardwaj, SPP CBI along with Ms Ananya Shamshery and Mr. Vijay Misra, Advs. along with Inspector Avinash, IO, CBI.

CORAM:

HON’BLE DR. JUSTICE SWARANA KANTA SHARMA

JUDGMENT

DR. SWARANA KANTA SHARMA, J

1. By way of the present petition, the petitioner seeks setting aside of the order dated 13.12.2019, declaring the petitioner as „proclaimed person‟, passed by the learned CMM (South-East), Saket District Court, New Delhi in FIR bearing no. 162/2018, registered at Police Station Defence Colony, Delhi, for the commission of offence punishable under Sections 376/506 of the Indian Penal Code, 1860 [hereafter „IPC‟], and subsequent proceedings emanating therefrom in case titled „State v. Manish Popli @ Aashu‟, CBI/22/2021, pending before the Court of the learned CMM, Rouse Avenue Court, Delhi.

FACTUAL BACKGROUND Case of the Petitioner – Averments in Crl.M.C. 2454/2022

2. The case set up by the petitioner before this Court, as can be culled out from the petition, is that he is an Australian citizen, engaged in immigration services both in Australia and India, in association with his wife, who is a registered migration agent. He states that he is a permanent resident of Australia, residing at Cheltenham, Victoria, and visits India only occasionally, during which he stays at his parental residence in Malviya Nagar, New Delhi. It is the case of petitioner that he has been falsely implicated in the present case as a result of a “honey-trap” conspiracy allegedly involving the prosecutrix, her relatives, and certain police officials. In this regard, it is stated that prosecutrix had alleged that she was raped by the petitioner on 10.03.2018 at Hotel Swagath. The prosecutrix, along with her aunt, had initially approached P.S. Defence Colony and given a complaint, while stating that no action was required at that stage. It is further stated that on 12.03.2018, the petitioner was called by police officials of P.S. Defence Colony on the pretext of inquiry regarding visa-related documents, but was taken to the police station where the prosecutrix and her relatives were already present, and allegations of sexual assault were levelled against him. The petitioner alleges that, despite being innocent, he was subjected to coercion and extortion by the prosecutrix, her relatives, and police officials, pursuant to which an amount of about ₹40 lakhs was arranged, with a further sum allegedly to be paid subsequently. It is stated that he was released from the police station in the early hours of 13.03.2018. Thereafter, on 14.03.2018, one SI Amit Mann and HC Vikas had summoned a petitioner‟s friend Lavneesh to come to Select City Mall for paying the balance amount of ₹10 lakhs, and the CCTV footage of the mall captures their presence. It is further stated that a complaint dated 21.03.2018 was thereafter made by the petitioner‟s associate to the Vigilance authorities, pursuant to which an enquiry was initiated into the said allegations. In support of this contention, the petitioner relies upon a vigilance enquiry conducted by ACP N.S. Minhas, which, according to him, concluded that the petitioner was a victim of both the alleged gang as well as police misconduct. It is stated that on petitioner‟s complaint, an FIR bearing no. 281/2018, was registered on 02.11.2018 at P.S. Crime Branch, Delhi, for offence under Sections 384/120B of the IPC. However, the prosecutrix, immediately thereafter, the prosecutrix filed an application under Section 156(3) of Cr.P.C. and pursuant to order passed by the lear