J. DALVIN SURESH vs CENTRAL BUREAU OF INVESTIGATION & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 01.04.2025 + W.P.(CRL) 3042/2024, CRL.M.A. 29545/2024 & CRL.M.A. 29546/2024 J. DALVIN SURESH .....Petitioner versus CENTRAL BUREAU OF INVESTIGATION& ANR. ..... Respondents Advocates who appeared in this case: For the Applicant : Mr. Abhijit Anand,Advocate (Through V.C.). For the Respondent : Mr. Rajesh Kumar, SPP with Ms. Mishika Pandit & Mr. Mohd. Changez Ali Khan, Advocates. Ms. Rebecca John, Sr. Advocate, Mr. Sanjeev Kumar Sharma, Mr. Anirudh Gandhi, Mr. Sanga Sud, Ms. Vaishali Goyal, Mr. Debargha Roy & Ms. Anshuka Barua, Advocates for R-2. CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition is filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Signature Not Verified Signed By:HARMINDER KAUR W.P.(CRL) 3042/2024 Page 1 of 9 Signing Date:08.04.2025 15:09:05 Suraksha Sanhita, 2023 (‘BNSS’) challenging the impugned order dated 26.09.2024 (hereafter ‘impugned order’), passed by the learned Trial Court, in Misc. Crl. No. 65/2024 arising out of RC-048 2024 S0008. 2. The brief facts of the case are that on 27.07.2024, the petitioner’s son, who was preparing for the UPSC Civil Services Examination, died due to drowning on account of the flooding of the basement with rainwater in Rau’s IAS Study Circle. Pursuant to the incident which claimed the life of three students, an FIR being FIR No. 151/2024 dated 28.07.2024 was registered under Section 105, 106(1), 115(2), 290, 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is alleged that the library built in the basement of the Rau’s IAS Study Circle had been running illegally, and in violation of the Master Plan for Delhi, 2021. 3. Respondent No. 2 is stated to be the owner of Rau’s IAS Study Circle. By