Interim Order 53

Order Details: COPY OF ORDER
Pdf Text: CBI V. Abhishek Gupta & Ors.
RC-048 2024 S 0008
CBI No. 36/2025
09.12.2025
Present: Sh. Prashant Kumar Sharma and Sh. A. K. Kushwaha, Ld. Sr.
PP for CBI along with HIO/Inspector Ankit Kumar.
IO Rajesh Solanki is also present (through VC).
Accused Abhishek Gupta (A-1), Accused Deshpal
Singh (A-2), Accused Parvinder Singh (A-3), Accused
Sarabjit Singh (A-4), accused Tajinder Singh (A-5),
accused Harvinder Singh (A-6), Accused Arnav Kumar
Datta (A-7), Accused Udai Vir Singh (A-8), Accused Ved
Pal(A-9) and Accused Ashok Narang (A-10) are present on
bail.
Sh. Anirudh Krishan Gandhi, Ld. Counsel for A-1, A-2 &
A-10.
Sh. Kaushal Jeet Kait, Sh. Daksh Gupta, Sh. Jatin Yadav and
Sh. Gaurav Dua, Ld. Counsels for A-3, A-4, A-5, A-6.
Sh. Gourav Dahiya, Ld. Counsel for A-7.
Ms. Ritu Singh Mann (through VC), Sh. Sandeep Chauhan
and Sh. Dheeraj Garg, Ld. Counsels for A-8.
Sh. Abhijit Anand, Ld. Counsel on behalf of J. Dalvin
Suresh, father of deceased Nevin Dalvin.
IA 41/2025
Ld. Counsel for A-1, A-2, A-9 and A-10 had raised an issue that
earlier at Sr. no. 11 and 12 certain articles were mentioned but as per the
new list, it was missing. IO appearing through VC has clarified that earlier
they were supplied the list of articles by Delhi Police which was unverified
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but after they have verified and gone through all the relevant documents
they have filed the fresh final list which has clarified about all the
documents which were filed, not filed or erroneously relied by the earlier
investigating agency. In regard to the FSL report, it is stated that at present
no FSL report is pending.
Ld. Counsel for A-8 has stated that on the last date of hearing he had
appeared for A-8 and made submissions but his submissions were recorded
as on behalf of A-7. The same be read corrected. Ld. Counsel has mentioned
that there was list of relied and unrelied documents and in the earlier list at
Sr. no. 61 and 62, certain documents were mentioned which have also been
mentioned at 105. Therefore it may be clarified whether Sr. No. 61 and 62
are relied or unrelied documents. IO has stated that earlier he had received
the CDR in two steps and after verification and consolidation they have now
filed a consolidated list. The document mentioned at Sr. No. 105 is a relied
document, Sr. No. 61 was erroneously mentioned and Sr. No. 62 is an
unrelied document.
Ld. Counsel for A-1, A-2 and A-10 has stated that they have
inspected the documents mentioned at Sr. No. 6 on the last date of hearing.
With this it is stated that all the accused persons have already
received all copies of all the relevant documents and compliance as far as
section 207 Cr.P.C/ 230 BNSS is complete qua all the accused persons.
A-1, A-2 and A-10 have further prayed that certain unrelied documents be
provided to them in IA 41/2025.
Ld. Counsel for A-8 stated that he wanted copies of some unrelied
documents which according to him are very crucial for arguments even at
the stage of charge. Accordingly, this application be kept pending and same
can be considered at the relevant stage.
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IA 35 /25
This is an application on behalf of victim J.Dalvin Suresh (Father of
the deceased Nevin Dalvin) under section 230 BNSS (previously 207
Cr.P.C.). Reply to the application has been filed.
Ld. Counsel for the Victim has stated that he has filed a Writ Petition
before the Hon’ble High Court asking for directions to the CBI for supply of
CCTV footage from 27.07.2024 at 5.30 P.M. till 28.07.2024 at 8.30 A.M.
and that the matter was listed today before the Hon’ble High Court for
consideration of the said prayer.
Reply to the application was filed stating that they have supplied the
CCTV footage dated 27.07.2024 from 4.00 onwards however for other
location of CCTV footage for complete period has not been filed. IO stated
that they have already supplied all the CCTV footages of different locations
for different times depending upon the availability and also the fact that
after the flooding of the basement the cameras of the basement had gone off
after some period of time. Therefore CCTV footage of the limited period
was available which has already been supplied and are relied by them.
However, Ld. Counsel for the applicant states that he wants complete
footage from 5.30 P.M. on 27.07.2024 to 8.30 A.M. on 28.07.2024 which is
an issue for documents which are not part of the documents filed or relied
by the prosecution. Further the averments made in para no. 1 of the
application and issue is directly pending before the Hon’ble High Court
which is listed for today, thus no further orders are required at this stage on
this issue and the application be kept pending awaiting orders of the Hon’ble
High Court.
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IA 36/25
This is an application under section 241 r/w Section 243 r/w Section
246 of BNSS, 2023 on behalf of A-9 Vedpal seeking necessary order and
directions for a separate trial for the accused mentioned in the
supplementary chargesheet.
Part arguments heard on behalf of the applicant and CBI.
On request of Ld. Sr. PP for CBI and counsel for Victim, put up for
further arguments on 18.12.2025 at 12.00 Noon.
IA 38/25
This is an application filed on behalf of victim J. Dalvin Suresh
seeking directions to accused no.9 Vedpal for supply of copy of the
application I.A. No.36/25. Ld. Counsel for the A-9 has stated that he has
already supplied the copy of the application to the associate counsel of the
victim. However, he has again supplied copy of the application today to the
Ld. Counsel for the victim. Accordingly, the present application is disposed
of.
IA 39/25
This is an application filed on behalf of victim J. Dalvin
Suresh for non-compliance of the order dated 06.08.2025 passed in I.A.
No.15/25. It is stated that CBI had not supplied the list of places from where
the CCTV footage was seized. IO had clarified that the CCTV footage of
entire premises has been supplied and is the matter of record. In view of the
submission of the IO, the present application is disposed off accordingly.
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Put up on 18.12.2025 at 12.00 Noon for further proceedings and
arguments on the pending application.
(Dinesh Bhatt)
Principal District & Sessions Judge-
cum-Special Judge (PC Act) (CBI),
Rouse Avenue District Court
New Delhi/09.12.2025
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