Full Judgment Text
$~79
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 15.04.2026
+ W.P.(CRL) 1202/2026, CRL.M.A. 11491/2026 & 11490/2026
ABHISHEK ANAND .....Petitioner
Through: Mr. N. Hariharan, Mr. AS Chandhiok
Sr. Advocates with Mr. Karan Kohli,
Mr. Prateek Bhalla, Ms. Mallika
Chadha, M.s Rekha Punya, Mr. Aman
Akhtar and Mr. Kunal Godhwani,
Advocates.
versus
UNION OF INDIA THROUGH ITS SECRETARY MINISTRY OF
HOME AFFAIRS & ORS. .....Respondents
Through: Mr. Vikrant Pachnanda, SPP with Mr.
Mukul Katyal and IO Jyoti Shankar
Sah for CBI.
Mr. Amit Tiwari, CGSC with Mr.
Kushagra Malik, Advocate for UOI.
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1 Petitioner has assailed notice dated 10.04.2026 bearing no.
1044/059/2026/A/0002/CBI/STB/New Delhi under Section 94 and 179
BNSS. Apart from that, the petitioner has sought two more reliefs. For ready
reference the prayer clause of the petition is extracted below:
W.P.(CRL) 1202/2026 Page 1 of 3 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec45
569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d155
70996b40f80cbd2eee60402c487965ff801e26
Digitally Signed fa, cn=GIRISH KATHPALIA
Date: 2026.04.15 05:05:08 -07'00'
By:RAHUL YADAV
Signing Date:15.04.2026
17:28:03
GIRISH
KATHPALIA
Signature Not Verified
“a. Issue a Writ, Order or Direction in the nature of
Certiorari/Mandamus or any other Writ, Order or Direction
thereby Setting Aside/ Quashing the Notice dated 10.04.2026
bearing No. 1044/059/2026/A/0002/CBI/STB/New Delhi
under Sections 94 and 179 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 issued by the Respondent No. 2 (CBI)
through Respondent No. 3; and
b. Issue a Writ, Order or Direction in the nature of
Mandamus/Certiorari or any other Writ, Order or Direction
thereby directing Respondent No.2 and 3 to not to issue any
further Notice upon the Petitioner in relation to Investigation
in CBI Case RC 0592026A0002/CBI/STB/New Delhi;.
c. Issue a Writ, Order or Direction in the nature of
Mandamus/Certiorari or any other Writ, Order or Direction
thereby directing Respondent No.2 and 3 to not to violate
directions issued by the Hon’ble Supreme Court of India in
Summoning Advocates who give legal opinion or represent
parties during investigation of cases & related issues, In Re,
2025 SCC OnLine SC 2320 .
d. Pass such other and further Orders as this Hon’ble Court
may deem fit and proper in the facts and circumstances of the
present case and in the interest of justice.”
2. Learned Special Public Prosecutor for CBI along with the
Investigating Officer/DSP Jyoti Shankar Sah accepts notice and at the outset
submits that the petition deserves to be allowed since according to the IO, it
is under mistaken impression of legal position that he had issued the
impugned notice to the petitioner, despite the admitted position that the
petitioner had only extended his legal opinion to a witness.
3. The IO submits that he wants to withdraw the impugned notice.
4. Accordingly, as requested by both sides, the petition is allowed and
W.P.(CRL) 1202/2026 Page 2 of 3 pages
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.15 05:04:58 -07'00'
Digitally Signed
By:RAHUL YADAV
Signing Date:15.04.2026
17:28:03
GIRISH
KATHPALIA
Signature Not Verified
consequently the impugned notice is set aside; and the present respondents
are directed not to issue any further notice to the petitioner in connection
with the subject investigation, but in case the investigating officer comes
across some other material leading to complicity of the petitioner in his
personal capacity instead of his professional capacity, appropriate action in
accordance with law shall be taken.
5. Accompanying application also stands disposed of.
Digitally signed by GIRISH KATHPALIA
DN: c=IN, o=HIGH COURT OF DELHI,
2.5.4.20=8401dd889b27a77b2f65ffffe4afec
45569af3962c6fb4835d435f97626cacca,
ou=HIGH COURT OF DELHI,CID - 7047638,
postalCode=110003, st=Delhi,
serialNumber=d3e86796451ec45c07b5d15
570996b40f80cbd2eee60402c487965ff801
e26fa, cn=GIRISH KATHPALIA
Date: 2026.04.15 05:04:47 -07'00'
GIRISH
KATHPALIA
GIRISH KATHPALIA
(JUDGE)
APRIL 15, 2026/ ry
W.P.(CRL) 1202/2026 Page 3 of 3 pages
Signature Not Verified
Digitally Signed
By:RAHUL YADAV
Signing Date:15.04.2026
17:28:03