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Supreme Court of India

SANCHIT ALAGH vs UNION OF INDIA on 28 March, 2022

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2022 INSC 354W.P.(Crl.) No.-000301 - 2019Official PDFAuthor HON'BLE THE CHIEF JUSTICEBench Shripathi Ravindra Bhat, Pamidighantam Sri Narasimha, Sarasa Venkatanarayana BhattiAdvocates DEEPAK PRAKASH
IN THE SUPREME COURT OF INDIA
CRIMINAL ORIGINAL JURISDICTION
WRIT PETITION (CRIMINAL) NO.301 OF 2019
SANCHIT ALAGH & ANR. Petitioners
VERSUS
UNION OF INDIA & ORS. Respondents
O R D E R

This petition filed under Article 32 of the

Constitution of India prays for following reliefs:

“a. Issue a writ of mandamus or any other

appropriate writ, order or direction

thereby directing the Respondent No. 5

to investigate into all the offences

alleged against the Petitioners in (i)

FIR No. 35 of 2018, dated 06.03.2018,

P.S. EOW, Delhi; (ii) FIR No.124/2018

dated 24.04.2018, P.S. Central Sector-

17, Chandigarh; (iii) FIR No.60 of

2018, dated 29.01.2018, P.S. Prashant

Vihar, Rohini, Delhi; (iv) FIR No.61 of

2018, dated 15.05.2018, P.S. Special

Cell, Delhi; (v) FIR No.142 of 2018,

dated 26.05.2018, P.S. Crime Branch, Signature Not Verified

Digitally signed by Dr. Delhi; (vi) FIR No. 181 of 2018, dated Mukesh Nasa

Dattawadi, Pµne and (viii) FIR No. 231

of2018, dated 16.06.2018, P.S.

Khadakpada, Thane and other FIRs not in

the knowledge of the Petitioners, involving identical allegations; and

b. Grant anticipatory bail to the Petitioner No.l in the event of his arrest by the any of the Respondent states and Departments in relation to (i) FIR No. 35 of 2018, dated 06.03.2018, P.S. EOW, Delhi; (ii) FIR No.231 of 2018, dated 16.06.2018, P .S. Khadakpada, Thane; (iii) FIR No.61 of 2018, dated 15.05.2018, P.S. Special Cell, Delhi; (iv) FIR No.142 of 2018, dated 26.05.2018, P.S. Crime Branch, Delhi; (v) FIR No.181 of 2018, dated 15.03.2018, P.S. Nigdi, Pune and (vi) P.S. Dattawadi, Pune; and any other FIRs not in the knowledge of Petitioner that come to the knowledge of this Hon'ble Court or the Petitioner during the pendency of this writ petition.

c. Grant anticipatory bail to the Petitioner No.2 u/s. 438 of Cr.P.C. in the event of his arrest by the any of the Respondent States or Departments in relation to (i) FIR No.35 of 2018, dated 06.03.2018, P.S. EOW, Delhi; (ii) FIR No.124/2018 dated 24.04.2018, P.S. Central Sector-17, Chandigarh; (iii) P.S. Prashant Vihar, Rohini, Delhi; (iv) FIR No.61 of 2018, dated 15.05.2018, P.S. Special Cell, Delhi; (v) FIR No. 142 of 2018, dated 26.05.2018, P.S. Crime Branch, Delhi; (vi) FIR No. 181 of 2018, dated 15.03.2018, P.S. Nigdi, Pune; (vii) FIR Dattawadi, Pune and (viii) FIR No. 231 of 2018, dated 16.06.2018, P.S. Khadakpada, Thane and any other unknown FIRs that come to the knowledge of this Hon'ble Court or the Petitioner during the pendency of this writ petition.

d. Stay the proceedings against the

Petitioners emanating from (i) FIR

EOW, Delhi; (ii) FIR No.124/2018 dated

24.04.2018, P..S. Central Sector-17,

Chandigarh; (iii) FIR No.60 of 2018,

dated 29.01.2018, P.S. Prashant Vihar,

Rohini, Delhi; (iv) FIR No.61 of 2018,

dated 15.05.2018, P.S. Special Cell,

Delhi; (v) FIR No.142 of 2018, dated

26.05.2018, P.S. Crime Branch, Delhi;

(vi) FIR No. 181 of 2018, dated

15.03.2018, P.S. 'Nigdi, Pune; (vii)

P.S. Dattawadi, Pune and (viii) FIR

Khadakpada, Thane and any other FIRs

not in the knowledge of the

Petitioners, involving identical

allegations, until the investigation is

handed over to the Respondent No. 5 in

terms of the prayer (a) of the present

Writ Petition.”

This Court issued notice on 15.11.2019 and granted

anticipatory bail during the pendency of consideration of

this writ petition. Pursuant to notice, affidavits in

response have been filed on behalf of Union of India and

the Central Bureau of Investigation. The affidavits

indicate that the investigations in individual matters

were and are being conducted and in accordance with law.

Having gone through the facts and circumstances on

record, in our view, no case is made out for interference

by this Court and for transferring the investigation to

the Central Bureau of Investigation.

We, therefore, see no reason to entertain this

petition.

Mr. Deepak Prakash, learned Advocate for the

petitioners submits that after the interim order was

passed by this Court, orders have been passed in favour

of the petitioners granting regular bail. If that be so,

the petitioners can avail the benefit in terms of such

orders; otherwise, the petitioners shall have to take

steps in a manner known to law to prefer appropriate

applications for bail, if so advised. Needless to say

that the matters shall be considered on their own merits,

at every stage.

With these observations, the instant writ petition is

disposed of.

(PAMIDIGHANTAM SRI NARASIMHA) New Delhi; March 28, 2022.