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IN THE HIGH COURT OF DELHI AT NEW DELHI

% Reserved on: 09^th December, 2020

Decided on : 23^rd December, 2020

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W.P.(CRL) 999/2020 & Crl.M.A.No.8526/2020

CD PHARMA INDIA PRIVATE LIMITED

..... Petitioner

Through : Mr.Rajiv Nayyar, Senior Advocate

with Mr.Rohit Kochar, Mr.Krishna

Vijay

Singh,

Mr.Pradyuman

Sewar,

Mr.Kartik

Nayar,

Advocates.

versus

STATE OF NCT OF DELHI & ORS.

..... Respondents

Through : Mr.Rahul

Mehra,

Standing

Counsel

(Criminal)

and

Mr.Chaitanya Gosain, Advocate

for State/R1-3.

Mr.Nikhil Jain, SPP and Mr.Vinay

Mathew, Advocate for R4/CBI.

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

YOGESH KHANNA, J.

1.

This petition is filed with the following prayers:

2020:DHC:3702

(e) xxxxxxx.”

2.

It is submitted by the learned senior counsel for the petitioner, the

petition is filed on account of subversion of entire process of law by the

Investigating Officer and other officers to shield the accused persons in

FIR No.365/2017 registered at PS, Safadurjung Enclave, Delhi, due to

the undue influence exercised by Mr.Stefano Bagianti (an Italian lawyer),

accused Claudio De Simone and accused Kanwaldeep Singh Chadha.

3.

It is submitted in a legal proceeding in Switzerland against accused

Claudio De Simone for money laundering, (he being a prime accused in

FIR No.365/2017) he filed a memo of defense dated 14.05.2020 along

with a letter dated 10.03.2020 of his Italian lawyer, Mr.Stefano wherein

Mr.Stefano asserted he had visited India between July, 24 to 26, 2019

and met four police officials in various capacities, incharge of this

investigation and during a plenary meeting on July 25, 2019 was

provided direct access to the entire case file.

4.

Mr. Bagianti categorically stated in the presence of these officers,

he directly examined the case file which included the names of witnesses,

witness statements and other incriminating evidence against the accused

persons, including accused Claudio De Simone and accused Kanwaldeep

Singh Chadha and that it is shocking as to how Mr.Bagianti was able to

meet the four officers involved in the investigation in various capacities

(all together) and how he was allowed to examine the case file containing

voluminous evidence.

2020:DHC:3702

5.

Further it is submitted by the learned senior counsel in a letter

dated 10.03.2020 Mr.Stefano further asserted he was assured by

respondent no.2 and other officials involved in investigation that a

closure report shall be filed in FIR No.365/2017 and on 09.09.2019 over

a telephone call the Investigating Officer i.e. respondent no.2 had assured

him the matter be considered settled.

6.

It is argued the access of case diaries/ case file given to Mr.Stefano

by respondent no.2 and other police officials, involved in the

investigation, was wholly illegal and is strictly prohibited under Section

172 Cr.P.C. and they had compromised the investigation.

7.

It is argued a deep rooted nexus is apparent between the accused

and the State machinery and therefore this Court should order for transfer

of investigation from Delhi Police to CBI and/or the Crime Branch. It is

further argued the main accused Claudio De Simone was never

summoned despite there being an FIR against him and yet a closure

report is filed without his summoning, which is never heard of.

8.

It is argued the complaint against the accused was of misusing of

forged documents outside India, siphoning of monies of the petitioner

through his company in Switzerland and various grave offences

committed by him against the petitioner herein in criminal conspiracy

with accused Kanwaldeep Singh Chadha and other accused person. It is

argued accused Claudio had parked proceeds of crime in his bank

accounts outside India including Switzerland, Italy etc. and that both the

accused have used their companies in Italy and Switzerland, controll