Full Text
HIGH COURT OF DELHI
W.P.(CRL) 2852/2022, CRL.M.A. 24811-24812/2022
SYED ABU DOJANA ..... Petitioner
Through: Mr.Maninder Singh, Sr.Adv. with Mr.Navin Kumar, Mr.Akilesh Singh, Ms.Aekta Vats, Mr.Vishal Chauhan and Ms.Anshika Batra, Advocates
Through: Mr.D.P.Singh, Spl.PP with Mr.Manu Mishra, Ms.Shreya Dutt, Ms.Arunima
Nair and Ms.Tavishi Kumar, Advocates
Date of Decision: 30.11.2022
JUDGMENT
CRL.M.A. 24811-24812/2022 (exemption)
Exemptions allowed subject to all just exceptions.
Applications stand disposed of.
1. The present petition has been filed with the following prayers:
Petition, Issue of an appropriate Writ, Order, Direction especially in the nature of Certiorari directing the Respondent to conduct the examination of the Petitioner either at the residence of the Petitioner or through any video conferencing applications such as Cisco/Zoom/or any other application which this Hon'ble Court deems fit and proper.
2. Learned senior counsel for the petitioner submits that earlier a notice dated 21.10.2022 was served upon the petitioner under Section 91 Cr.P.C. with the direction to produce certain documents/information as contained in the same. Learned senior counsel submits that in pursuance to the same, the petitioner has responded vide communication dated 04.11.2022. Learned senior counsel submits that further these documents were sent along with the mail dated 14.11.2022 and thereafter CBI has now sent a fresh notice dated 14.11.2022. He further submits that this notice does not specify the provisions of law under which the same has been sent. Learned senior counsel submits that though the petitioner is ready and willing to cooperate with the investigating agency but he apprehends that the CBI may take some coercive action against him in contravention of the law.
3. Mr.D.P.Singh, learned Special PP for the CBI submits that the petitioner has not approached the court with clean hands. He submits that in fact notice dated 14.11.2022 is in continuation of earlier notice dated 21.10.2022. Learned Special PP submits that the petitioner has yet not supplied the entire documents as he was required to supply vide notice dated 21.10.2022. The petitioner has also not attended the office of the CBI as required.
4. Learned senior counsel for the petitioner submits that under Section 91 (2) of Cr.P.C. if the party from whom the documents have been sought to be given, has supplied the documents the compliance under Section 91 (1) stands completed. Learned senior counsel submits that his client cannot be insisted upon for attending the CBI office in pursuance to the notice 14.11.2022. The notice dated 21.10.2022 is as follows: No 4964/ RC2202022E0007/EO-II/CB/ New Delhi dated 21.10.2022 To, Sh. Syed Abu Dojana Managing Director Meridian Construction (India) Limited 305, Sukriti Apartment S.P.Verma Road Patna-800001. E-mail:- mcilimited@yahoo. In Sub: - Investigation of case RC2202022E0007 of CBI EO-ll New Delhi regarding providing job in Railways in exchange of landreg. Sir, The subject case has been registered against Sh. Lalu Prasad Yadav, the then Railway Minister and others in the matter of recruitment / engagement of substitutes in Group-D during the period 2004-09, in exchange of lands transferred in the names of his family members and associates.
2. In connection with the investigation of the subject case, following documents / information are urgently required -
(i) Original sale-deed of all the lands purchased by M/s Meridian
(ii) Original agreements/ deeds entered into by M/s Meridian
(iii) Details of funds paid / received by M/s Meridian Construction
(i) and (ii) above, from/to Sh. Lalu Prasad Yadav and his family members /associates
(iv) Sources of funds referred at SI. No.
(iii) above
3. You are, therefore, requested to produce the above-said documents / information before the undersigned on or before 04.11.2022 at 10.00 at the above-noted CBI office address.
4. This letter may be treated as Notice u/s 91 Cr.P.C. Yours faithfully, Sd./- (Rupesh Kumar Srivastava) Dy. Supdt. of Police CBl, EOUJV/EO-II, New Delhi Mob No. 9870549969
5. Thereafter the petitioner had sent the reply vide letter dated 04.11.2022, which is as follows: To, 04.11.2022 Mr. Rupesh Kumar Srivastava Dy.Supdt.Of Police CBI, EOU-IV/EO-II, New Delhi. Ref: Your Notice u/s 01Cr.P.C. Sub: Reply of your Notice No: 4964/RC2202022E0007/EO- II/CBl/New Delhi. Sir, With reference to the above subject that we have received your notice today on 4th November 2022 at 1.45 PM (Noon) at our office in Patna through speed post. Sir, As you know that all the required documents were more than five years old, So we have to collect all the documents from our account section and from our Chartered accountant but as you know that due to Chat festival most of our staff were on leave. So kindly grant us four weeks time to arrange all the documents. Yours Faithfully, Sd./- (Syed Abu Dojana) Managing Director Meridian Construction I Limited.
6. Subsequently, certain documents were sent along with the mail dated 14.11.2022. The mail is as follows: Dear Sir Please find attached documents Thanks & Regards Syed Abu Dojana Mob:9334112227
7. Learned Special PP for CBI has specifically stated that notice dated 14.11.2022 is in continuation of earlier notice dated 20.10.2022. learned special PP has also submitted that the petitioner cannot have a choice of only sending the documents and not joining the investigation as required by the IO. Conjoint reading of Section 91 (1) and 91 (2) of Cr.P.C. reflects that the investigation officer may issue a summon requiring the person ‘to attend and produce’.
8. Section 91 (2) has to be read in conjunction with Section 91 (1). The hands of the investigating officer cannot be tied and person cannot be dispensed with for his personal attendance only by sending certain documents. If the notice is merely for producing the documents, then, in such a case, merely producing the documents may satisfy the compliance of Section 91 (1). However, in the notice dated 21.10.2022 specific request was made to the petitioner to produce documents/information before the IO at the CBI office. The bare perusal of this notice indicates that the petitioner was required to attend in person to supply the documents. There is no illegality in the notice dated 14.11.2022 and the petitioner is required to comply with the notice in accordance with the provisions of the law. However, if CBI contemplates any coercive action against the petitioner, three days notice in advance be given to the petitioner.
9. With these observations, the petition stands disposed of.
10. However, this court has not gone into the merits of the case and no expression herein shall tantamount to be an expression on the merits of case while deciding the bail application.
DINESH KUMAR SHARMA, J NOVEMBER 30, 2022