% 28.04.2022

1. On request made by learned counsel for the petitioner, list on 7th July, 2022.

2. The order be uploaded on the website forthwith.

ASHA MENON, J.

APRIL 28, 2022 ck Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1036/2020, CRL.M.As. 4141/2020 & 5558/2020 GURVINDER SINGH KOHLI ..... Petitioner Through: Mr. S.B. Singh, Advocate.

Versus HARBANS KAUR KOHLI ..... Respondent Through: Ms. M.S. Koplin K. Kamdhari, Advocate.

ASHA MENON, J.

APRIL 28, 2022 ck Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~143 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1299/2022, CRL.M.A. 7892/2022 (for exemption) PRADEEP ..... Petitioner Through: Mr. Alind Srivastava, Mr. Vimal Tyagi, Mr. Jai Prakash Yadav & Mr. Deepak Gaur, Advocates.

versus STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. G.M. Farooqui, APP for the State with SI Yogesh.

He opposes the grant of bail pointing out that the prosecutrix herself had got the FIR registered and was about 16 years of age when she delivered the baby. Thus, the life of the prosecutrix has been ruined. She has asserted that the applicant is the father of her child. It is further submitted that the charge is yet to be framed and the prosecutrix examined.

7. Though the entire edifice of the application is founded on the interest of the applicant to marry the prosecutrix, who has expressed such an interest even before the learned ASJ, this Court is not inclined to accept such submissions, as the offer of marriage by an accused appears only as an afterthought to escape the rigors of law. If there was honesty in the relationship, it would have preceded the physical engagement. Furthermore, in view of the FSL report and the assertion of the prosecutrix, it is not at all certain, as to what future the prosecutrix may have with the applicant, despite his proclamations to the contrary. It is the view of this Court that she is entitled to make her statement freely before the court during trial, particularly, when all these events have occurred when she was a minor, and consent being immaterial.

8. No ground is made out for grant of bail at this stage. The application is dismissed.

9. Nothing contained in this order shall be an expression on the merits of the case.

10. The order be uploaded on the website forthwith.

ASHA MENON, J APRIL 28, 2022 ck BAIL APPLN. 1299/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~144 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1307/2022, CRL.M.(BAIL) 484/2022, CRL.M.A. 7947/2022 SATYANARAYAN SHARMA ..... Petitioner Through: Mr. Lalit Kumar, Advocate.

versus GOVT. OF N.C.T. DELHI ..... Respondent Through: Mr.G.M.Farooqui, APP for State with SI Shikhar Chaudhary.

BAIL APPLN. 1307/2022, CRL.M.(BAIL) 484/2022, CRL.M.A. 7947/2022

3. This application has been moved under Section 438 Cr.P.C. for grant of anticipatory bail to the accused/applicant in FIR No.142/2018 dated 22nd June, 2018, under Sections 420 / 409 / 120B IPC, registered by the Economic Offences Wing.

4. Mr. Lalit Kumar, learned counsel for the applicant, submits that this application is arising out of the order dated 13th April, 2022, passed by the learned ASJ-04 (West), Tis Hazari Courts, Delhi in anticipatory bail application.

5. Mr.G.M.Farooqui, learned APP for the State, opposes this application submitting that it is not maintainable in view of the fact that the accused had been arrested and had already moved for regular bail, which had been disallowed by the learned ASJ vide order dated 4th March, 2022.

6. Learned counsel for the applicant submits that the order dated 13 th April, 2022 is a completely illegal order, inasmuch, as the interim protection granted to the applicant, was withdrawn on a mistaken impression that the amount required to be deposited has not been deposited before the court, whereas, a sum of Rs.27 Lakh has been deposited with the Registrar General of this Court.

7. It is further submitted that once the interim bail was withdrawn, the applicant did not surrender as his regular bail application was still pending though it is conceded that the applicant could have surrendered.

8. Having heard submissions, it is clear that this application for anticipatory bail is completely misplaced. The applicant has been arrested in this FIR in 2019. He moved an application for regular bail. Pending disposal of the bail application, he was granted interim bail which was withdrawn vide order dated 10th January, 2022. Thereafter, his application for regular bail was dismissed vide orders dated 4th March, 2022. NBWs were issued against him as he remained absent. He has not surrendered so BAIL APPLN. 1307/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 far, thus the learned Sessions Court vide order dated 4th March, 2022 has initiated process under Section 82 Cr.P.C. In the backdrop of these facts, the application for anticipatory bail does not lie.

9. The application is accordingly dismissed.

10. The order be uploaded on the website forthwith.

ASHA MENON, J APRIL 28, 2022 ck BAIL APPLN. 1307/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~145 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1864/2022, CRL.M.A. 7914/2022, CRL.M.A. 7915/2022 RITESH KUMAR & ORS. ..... Petitioners Through: Mr. Vipin Bansal & Mr. Vinesh Kumar, Advocates.

versus STATE OF NCT DELHI & ANR. ..... Respondents Through: Ms.Manjeet Arya, APP for the State CORAM:

ASHA MENON, J APRIL 28, 2022 ck Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~146 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1874/2022, CRL.M.A. 7966/2022 (for exemption) & CRL.M.A. 7967/2022 VIKAS YADAV & ORS. ..... Petitioners Through: Mr. Lakshay Manchanda, Advocate.

1. This petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.134/2019, dated 28th March, 2019, under Sections 498A / 406 / 34 IPC, registered at Police Station Lajpat Nagar, and subsequent proceedings emanating therefrom.

2. It is submitted by learned counsel for the petitioners that the parties have entered into a Settlement on 30th March, 2021, copy of which, has been placed on the record as Annexure-C. it is also informed that the petitioner No.1 and respondent No.2 have been granted a Decree of Divorce on 18 th December, 2021, copy of which, has been placed on the record as Annexure- E. CRL.M.C. 1874/2022 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46

3. However, the parties are not present today. Therefore, the matter is adjourned.

4. List on 20th July, 2022.

5. Learned counsel for the petitioners to inform respondent No.2 the next date of hearing.

6. The order be uploaded on the website forthwith.

ASHA MENON, J APRIL 28, 2022 ck CRL.M.C. 1874/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~147 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1875/2022, CRL.M.A. 7972/2022 (for exemption) LIYAKAT ALI AND ORS ..... Petitioners Through: Mr. Shivankur Shukla, Advocate.

versus STATE AND ANR. ..... Respondents Through: Ms.Manjeet Arya, APP for the State with SI Dharmavir.

ASHA MENON, J APRIL 28, 2022 ck CRL.M.C. 1875/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~148 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 937/2022 SHEIKH ISHRAFIL ..... Petitioner Through: Mr. Bhoopendra Singh & Ms. Sneh Lata Rana, Advocates.

versus STATE (NCT) OF DELHI & ORS. ..... Respondents Through: Mr. Ranbir Singh Kundu, ASC with Mr. Agniwesh Singh & Mr. Naresh Dagar, Advocates for the State with Insp. Pradeep Kumar Paliwal.

ASHA MENON, J APRIL 28, 2022/ck W.P.(CRL) 937/2022 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~149 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 951/2022, CRL.M.A. 7990/2022 SANJANA DESAI ..... Petitioner Through: Mr. Siddharth Aggarwal, Sr. Advocate with Ms. Neeha Nagpal, Mr. Malak Bhatt, Ms. Sowjhanja Shankaran, Mr. Vishvendra Tomar & Ms. Arshiya Ghose, Advocates.

versus CENTRAL BUREAU OF INVESTIGATION & ANR.

..... Respondents Through: Mr. Ripu Daman Bhardwaj, Advocate for R-1/CBI.

Mr. Vipin Jai, Advocate for R-2/BOI. CORAM:

CRL.M.A. 7991/2022 (by the applicant/petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking suspension of the lookout circular issued by the CBI against the petitioner)

3. Mr. Siddharth Aggarwal, learned senior counsel appearing for the applicant/petitioner, seeks permission to withdraw this application with liberty to file a substantive petition in this regard.

4. The application is dismissed as withdrawn with the aforementioned liberty.

W.P.(CRL) 951/2022, CRL.M.A. 7990/2022

5. This petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.RCBD1/2020/E/0001 dated 19th January, 2020, under Section 120B read with Sections 420 / 467 / 468 / 471 IPC & Section 13(2) read with Section 13(1)

(d) of the Prevention of Corruption Act, 1988 , registered by the CBI.

6. Mr. Siddharth Aggarwal, learned senior counsel for the petitioner, submits that the records, including the complaint, at best, reveal that the petitioner stood as Guarantor for the loan sanctioned to the accused Company. She was neither a Director nor involved in the day-to-day affairs of the Company. Moreover, well before the complaint was lodged, she had sought discharge as a Guarantor and her request had been under active consideration of the lead Bank and the Consortium of Banks, as evidenced in the various annexures placed on the record. Hence, it is submitted that the FIR ought to be quashed qua her as not even a civil liability is disclosed qua her.

7. Issue notice.

8. Notice is accepted by Mr. Ripu Daman Bhardwaj, learned counsel for the respondent No.1/CBI and Mr. Vipin Jai, learned counsel for the respondent No.2, who seek time to file replies.

9. Replies be filed within three weeks, with advance copies to the opposite side.

10. Rejoinders, if any, be filed within three weeks thereafter.

11. List on 24th August, 2022.

12. The order be uploaded on the website forthwith.

ASHA MENON, J APRIL 28, 2022 ck W.P.(CRL) 951/2022 Page 3 of 3 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~150 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1258/2018, CRL.M.A. 7938/2022 ARCHASNMAN SINGH ..... Petitioner Through: Mr. Kunal Sachdeva, Advocate.

versus STATEOF NCT OF DELHI & ANR ..... Respondents Through: Ms. Kamna Vohra, ASC for the State with Insp. Prem Singh.

Mr. Bipin Bihari Singh, Advocate for applicant/intervenor.

However, the petitioner has chosen to implead only Neelam Kumari as respondent No.2.

2. It is apparent that the other complainants have also to be heard in the matter.

3. Accordingly, while disposing this application, the petitioner is directed not only to file an amended memo of parties, including Rakhi W.P.(CRL) 1258/2018 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 Kumari and Sarita Kumari, as respondents, but to also take steps for their service for the next date of hearing.

4. List on the date already fixed i.e. 20th September, 2022.

5. The order be uploaded on the website forthwith.

ASHA MENON, J APRIL 28, 2022 ck W.P.(CRL) 1258/2018 Page 2 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~151 & 153 * IN THE HIGH COURT OF DELHI AT NEW DELHI 151. + CRL.M.C. 1595/2019, CRL.M.A. 6371/2019 BARINDER PAL SINGH MANCHANDA & ORS. ..... Petitioners Through: Mr. Jai Bansal & Mr. Abhishek Verma, Advocates.

Through: Mr.G.M.Farooqui, APP for the State with SI Pardeep.

Ms. Anu Narula & Mr. Rahul Baisoja, Advocates for R-2.

CRL.M.C. 1326/2019, CRL.M.A. 5276/2019 MS. JASMEET KAUR ..... Petitioner Through: Ms. Anu Narula & Mr. Rahul Baisoja, Advocates.

CRL.M.A. 8028/2022 in CRL.M.C. 1595/2019

1. This application has been filed by the applicant/petitioner under Section 482 Cr.P.C. seeking permission to file additional documents, namely, the order of divorce dated 3rd September, 2019, passed by the CRL.M.C. 1595/2019 & CRL.M.C. 1326/2019 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 Superior Court of CA Country of Santa Clara, USA and other orders of the said Court on the record (Annexure P-26 & Annexure P-27 to the petition).

2. Heard submissions of both the learned counsel.

3. Since, these are only court orders, the application is allowed and the documents in Annexure P-26 and Annexure P-27 are taken on record.

4. The application stands disposed of. CRL.M.C. 1595/2019, CRL.M.A. 6371/2019 CRL.M.C. 1326/2019, CRL.M.A. 5276/2019

5. The case is now fixed for arguments on 30th November, 2022.

6. Interim orders to continue.

7. The order be uploaded on the website forthwith.

ASHA MENON, J APRIL 28, 2022 ck CRL.M.C. 1595/2019 & CRL.M.C. 1326/2019 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~151 & 153 * IN THE HIGH COURT OF DELHI AT NEW DELHI 151. CRL.M.C. 1595/2019, CRL.M.A. 6371/2019 BARINDER PAL SINGH MANCHANDA & ORS. ..... Petitioners Through: Mr. Jai Bansal & Mr. Abhishek Verma, Advocates.

Through: Mr.G.M.Farooqui, APP for the State with SI Pardeep.

Ms. Anu Narula & Mr. Rahul Baisoja, Advocates for R-2.

+ CRL.M.C. 1326/2019, CRL.M.A. 5276/2019 MS. JASMEET KAUR ..... Petitioner Through: Ms. Anu Narula & Mr. Rahul Baisoja, Advocates.

CRL.M.A. 8028/2022 in CRL.M.C. 1595/2019

1. This application has been filed by the applicant/petitioner under Section 482 Cr.P.C. seeking permission to file additional documents, namely, the order of divorce dated 3rd September, 2019, passed by the CRL.M.C. 1595/2019 & CRL.M.C. 1326/2019 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 Superior Court of CA Country of Santa Clara, USA and other orders of the said Court on the record (Annexure P-26 & Annexure P-27 to the petition).

2. Heard submissions of both the learned counsel.

3. Since, these are only court orders, the application is allowed and the documents in Annexure P-26 and Annexure P-27 are taken on record.

4. The application stands disposed of. CRL.M.C. 1595/2019, CRL.M.A. 6371/2019 CRL.M.C. 1326/2019, CRL.M.A. 5276/2019

5. The case is now fixed for arguments on 30th November, 2022.

6. Interim orders to continue.

7. The order be uploaded on the website forthwith.

ASHA MENON, J APRIL 28, 2022 ck CRL.M.C. 1595/2019 & CRL.M.C. 1326/2019 Page 1 of 2 Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46 $~152 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2580/2018, CRL.M.As. 9149/2018, 49981/2018 & 49982/2018 K.U.K. REDDY ..... Petitioner Through: Mr. Satya Narayan, Advocate.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through: Mr. Prasanta Varma, SPP.

ASHA MENON, J APRIL 28, 2022 ck Signature Not Verified Digitally Signed By:MANJEET KAUR Signing Date:28.04.2022 18:50:46