Interim Order 29

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT11-000142-2024
CC No. 15/2024, IA No. 7/2025 & IA No. 8/2025
State Vs. Harmenn Sabherwal & Ors.
FIR No. 56/2022
P.S. EOW
21.08.2025
Present: Mr. Gyan Prakash, Ld. Public Prosecutor for State.
Mr. Sandeep Sharma and Mr. Abhishek Kaushik
Advocates, for the complainant Sh. Sunil Kaushik.
Mr. Rohit Shukla Adv., for the complainant Sh. Shri
Ram Verma through VC along with the complainant
through VC.
Mr. Shivam Khosla Adv., for accused Harmenn
Sabherwal.
Ms. Sayantini Sahu Adv., for accused Harmenn
Sabherwal through VC.
Accused Harmenn Sabherwal has been produced
from JC.
Mr. Rohit Raheja Adv., for accused Govind
Tulshyan through VC.
Accused Govind Tulshyan in person,
Mr. Amit Satija Adv., LAC for accused Diprana
Tiwari along with the accused in person.
Mr. Karan Wadhwa Adv., for accused Trilok Singh
along with the accused in person.
Mr. Prashant Kumar Adv., for accused Mrityunjoy
Roy along with the accused in person.
Mr. D.K. Pandey Adv., for accused Umesh Batra
and Pawan Kumar Rai through VC.
Accused Umesh Batra in person.
Accused Pawan Kumar Rai through VC.
Mr. Deepak Kumar Gupta Adv., for accused Vinod
Sharma along with the accused in person.
Mr. Pankaj Kumar Adv., for accused Prafulla Kumar
Nayak along with the accused in person.
IO ACP Keshav Mathur in person.
Insp. Amit Pratap Singh in person.
Ld. Counsel for Prafulla Kumar Nayak has filed his
reply to application under Section 17 P.C. Act. The same is
taken on record. Copy supplied.
Contd...2/-
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He has also filed an application for return of his
personal belongings. The same is taken on record. Copy
supplied. The IO seeks some time to file his reply. Time granted.
Ld. Counsel for accused Harmenn Sabherwal has
filed an application under Section 193 BNSS for recording of his
voluntary statement. The same is taken on record. Copy
supplied. Ld. Counsel for the complainant seeks some time to
file his reply and the IO seeks some time to go through the
application and furnish his response. Time granted.
Ld. Counsel for accused Trilok Singh submits that
he be provided with a hard copy of the supplementary
chargesheet filed against the accused. IO seeks two days time to
supply the same. Time granted.
Heard arguments on application under Section 17
P.C. Act and perused the record.
Ld. PP for the State submits that investigation is still
going on in this matter and vide order dated 06.01.2025 passed
by Sh. Kulvinder Singh, Deputy Secretary (Home-I), Insp.
Keshav Mathur has been given the look after charge of the post
of ACP along with statutory powers and since, he is not a
confirmed ACP, he be granted permission to continue
investigation in this case in compliance of Section 17 P.C. Act.
On the other hand, Ld. Counsel for accused
Mrityunjoy Roy submits that the application is a sham and Insp.
Keshav Mathur has no authority to investigate into the present
case and therefore, the application be dismissed. Further, Ld.
Counsel for accused Prafulla Kumar had also filed his reply in
Contd...3/-
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which, he had stated that the present application is liable to be
dismissed being infructuous as investigation is already complete
and there is no mention of any ground of any further
investigation in the entire application.
The IO submits that the further investigation is
already under process as sanction for prosecution with respect to
accused Mrityunjoy Roy is yet to be obtained and filed and
further, investigation against accused Vinay Kumar Gupta is still
pending. He also submits that vide order dated 17.04.2025 in
CC No. 15/2024, the Ld. Predecessor of this court had ordered
further investigation with respect to the accused persons kept in
column no. 12.
Perusal of recordf reveals that vide order dated
06.01.2025 passed by Deputy Secretary (Home-I), ACP (FR)
Keshav Mathur has been granted look after charge of the post of
ACP. Further, Section 17 P.C. Act provides that no police officer
below the rank of an Assistant Commissioner of Police shall
investigate any offence punishable under the Act without the
order of a Metropolitan Magistrate or make any arrest thereof,
without the warrant of arrest in the metropolitan areas. In view
of Section 17 P.C. Act as well as considering the submission that
the investigation is still pending, ACP (FR) Keshav Mathur is
granted permission to carry out further investigation in the
present case. The application is accordingly disposed off.
List for further proceedings on 12.09.2025.
(Dr. Ruchi Aggarwal Asrani)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, Delhi/21.08.2025
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