SONU vs CENTRAL BUREAU INVESTIGATION

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on : 18th December, 2024 Pronounced on: 17th February, 2025 + CRL.M.C. 1309/2023 & CRL.M.A. 5010/2023 SONU .....Petitioner Through: Mr. Hitender Kapur and Mr. Yatin, Advocates versus CENTRAL BUREAU INVESTIGATION .....Respondent Through: Mr. Rajesh Kumar, SPP with Ms Mishika Pandita and Mr Mohd Changez Ali Khan, Advs. CORAM: HON’BLE MR. JUSTICE CHANDRA DHARI SINGH JUDGMENT CHANDRA DHARI SINGH, J. 1. The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) [now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter “BNSS”)], seeking setting aside of the order dated 27th January, 2023 (hereinafter “impugned order”) passed by the learned Special Judge (PC Act), Rouse Avenue Courts, New Delhi (hereinafter “ASJ/Trial Court”) in CC No. 104/2019 arising out of R.C. No. 16A/2017. FACTUAL MATRIX 2. On 7thApril, 2017, the Deputy General Manager, Bank of Baroda, New Delhi, lodged a complaint before Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Branch regarding the financial Signature Not Verified CRL.M.C. 1309/2023 Page 1 of 31 Digitally Signed By:PRAVEEN KUMAR BABBAR Signing Date:18.02.2025 17:50:37 irregularities at Bank of Baroda, Azadpur Branch, Delhi during the demonetization period. The complaint alleged that certain fraudulent transactions had taken place, involving the misuse of Specified Bank Notes i.e. demonetized Rs. 500 and Rs. 1000 notes. 3. Based on the bank‟s complaint, the respondent registered R.C. No. 16(A)/2017 on 7th April, 2017. Initially, the investigation did not name the petitioner, however, following a subsequent complaint by the bank dated 21st April, 2017, the respondent conducted a detailed inquiry