Full Judgment Text
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on : 01.06.2023
% Pronounced on : 02.08.2023
+ CRL.M.C. 6714/2022
SANJAY JAIN ..... Petitioner
Through: Mr. Vijay Aggarwal, Mr. Mukul
Malik, Mr. Pankush Goyal and Mr.
Divyanshu Bhardwaj, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Ripu Daman Bhardwaj, SPP for
CBI.
+ CRL.M.C. 665/2023
SANJAY JAIN ..... Petitioner
Through: Mr. Vijay Aggarwal, Mr. Mukul
Malik, Mr. Pankush Goyal and Mr.
Divyanshu Bhardwaj, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Anupam S Sharma, SPP for CBI
with Mr. Prakarsh Airan, Ms.
Harpreet Kalsi, Mr. Abhishek Batra
and Mr. Ripudaman Sharma,
Advocates.
CRL.M.C. 6714/2022& conn. 1 of 4
Signature Not Verified
Digitally Signed
By:INDU BHATTI
Signing Date:04.08.2023
18:00:52
+ CRL.M.C. 667/2023
SANJAY JAIN ..... Petitioner
Through: Mr. Vijay Aggarwal, Mr. Mukul
Malik, Mr. Pankush Goyal and Mr.
Divyanshu Bhardwaj, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Anupam S Sharma, SPP for CBI
with Mr. Prakarsh Airan, Ms.
Harpreet Kalsi, Mr. Abhishek Batra
and Mr. Ripudaman Sharma,
Advocates.
+ CRL.M.C. 685/2023
SANJAY JAIN ..... Petitioner
Through: Mr. Vijay Aggarwal, Mr. Mukul
Malik, Mr. Pankush Goyal and Mr.
Divyanshu Bhardwaj, Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION & ANR.
..... Respondents
Through: Mr. Anupam S Sharma, SPP for CBI
with Mr. Prakarsh Airan, Ms.
Harpreet Kalsi, Mr. Abhishek Batra
and Mr. Ripudaman Sharma,
Advocates.
+ CRL.M.C. 715/2023
SANJAY JAIN ..... Petitioner
Through: Mr. Vijay Aggarwal, Mr. Mukul
Malik, Mr. Pankush Goyal and Mr.
Divyanshu Bhardwaj, Advocates.
versus
CRL.M.C. 6714/2022& conn. 2 of 4
Signature Not Verified
Digitally Signed
By:INDU BHATTI
Signing Date:04.08.2023
18:00:52
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Anupam S Sharma, SPP for CBI
with Mr. Prakarsh Airan, Ms.
Harpreet Kalsi, Mr. Abhishek Batra
and Mr. Ripudaman Sharma,
Advocates.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
JUDGMENT
RAJNISH BHATNAGAR, J.
1. The present petitions have been filed by the petitioner under
Section 482 Cr.P.C. seeking directions for modification in the order
dated 27.10.2022 passed by the Ld. CMM, Rouse Avenue District
Court, New Delhi and further no objection for renewal of passport of
the Petitioner for the period of 10 years.
2. Heard.
3. Records perused.
4. During the course of the arguments, it was brought to the notice
of this Court by the learned counsel for the petitioner about the office
memorandum dated 10.10.2019 bearing no. VI/401/1/5/2019 issued
by Ministry of External Affairs, Government of India. The relevant
portion of the same reads as follows :-
(vi) In case where the secondary Police
Verification is also 'Adverse', it may be examined
whether the details brought out in the police report
match the undertaking submitted by the applicant.
It may be noted that mere filing of FIRs and cases
under investigation do not come under the purview
CRL.M.C. 6714/2022& conn. 3 of 4
Signature Not Verified
Digitally Signed
By:INDU BHATTI
Signing Date:04.08.2023
18:00:52
of Section 6(2)(f) and that criminal proceedings
would only be considered pending against an
applicant if a case has been registered before any
Court of law and the court has taken cognizance of
the same.
5. It was further argued that in view of the above office
memorandum, he may be allowed to withdraw the petition with the
liberty to approach the Passport authorities and the impugned order
dated 27.10.2022 may not stand in the way.
6. Therefore, considering the arguments heard and in light of the
office memorandum dated 10.10.2019 bearing no. VI/401/1/5/2019
issued by Ministry of External Affairs, Government of India, the
present petitions are dismissed as withdrawn, however, petitioner is at
liberty to approach the concerned passport authorities, who shall
decide the application of the petitioner on its own merits. Further,
since it is stated by learned counsel for the petitioner that cognizance
in these cases have not been taken yet, the impugned order dated
27.10.2022 passed by the Ld. CMM, Rouse Avenue District Court,
New Delhi shall not stand in the way in view of the above said office
memorandum.
7. With the above observation, the above petitions are disposed of
RAJNISH BHATNAGAR, J
AUGUST 2, 2023
p
CRL.M.C. 6714/2022& conn. 4 of 4
Signature Not Verified
Digitally Signed
By:INDU BHATTI
Signing Date:04.08.2023
18:00:52