G. BALASUBRAMANIAN vs C.B.I.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of order: 24th January, 2025 + CRL.REV.P. 272/2023 G. BALASUBRAMANIAN .....Petitioner Through: Mr. Anil Sethi & Mr. Samarth Rai Sethi, Advocates. versus C.B.I. .....Respondent Through: Mr. Anupam S. Sharma, SPP (CBI) with Mr. Prakarsh Airan & Mr. Harpreet Kalsi, Advocates. CORAM: HON'BLE MR. JUSTICE CHANDRA DHARI SINGH ORDER CHANDRA DHARI SINGH, J (Oral) 1. The instant petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [earlier Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter as the “Code”)] has been filed on behalf of the petitioner seeking the following reliefs: “(i) set-aside the impugned order dated 03.12.2022 passed by the Court of Shri Prashant Kumar, Special Judge (PC Act) (CBI)- 07, Rouse Avenue Courts, New Delhi, passed in case bearing No. RC/DST/2017/A/0018/STF/CBI/ New Delhi, dated 21.06.2017, titled as C.B.I. Versus Devender Kumar Jain and Others, vide which the Ld. Trial Court has been pleased to pass Signature Not Verified Digitally Signed By:PRAVEEN KUMAR BABBAR CRL.REV.P. 272/2023 Page 1 of 18 Signing Date:04.02.2025 17:36:47 order for framing of charge against the petitioner and formal charge U/S 120-B IPC r/w 420, 471 of IPC and 13(2) r/w 13(1)(d) of Prevention of Corruption Act, 1988 and separate charge U/S 13(2) r/w 13(1) (d) of Prevention Of Corruption Act, 1988, has been framed. (ii) Pass such other or further order/orders, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. The brief facts of the case are that M/s Jayna Traders, a proprietorship firm of one Mr. Davinder Kumar Jain, was sanctioned a loan of Rs. 3 Crores under the Corp Vyapar Loan OD Scheme launched by the C