Dr. Maheshwar Kumar v. CBI

Delhi High Court · 12 May 2017 · 2017:DHC:8185
R. K. Gauba
W.P.(CRL)194/2010
2017:DHC:8185
criminal petition_dismissed

AI Summary

The High Court dismissed writ petitions seeking further investigation under Section 173(8) Cr.P.C. at the stage of final arguments, holding that such relief is not available through extraordinary writ jurisdiction once the trial is advanced.

Full Text
Translation output
/ $-14,16& 17(common order)
HIGH COURT OF DELHI
W.P.(CRL)194/2010
DR.MAHESHWAR KUMAR Petitioner
Through: Mr.Aditya Singh,Adv.with Mr.Sumeet Tahilramani,Advocate
VERSUS
CBI Respondent
Through: Mr.Narender Mann,SpecialPublic Prosecutor with Mr.ManojPant,Adv.
W.P.(CRL)893/2010 and Crl.M.A.2959/2014
ABHA KUMAR Petitioner
Through: Mr.Aditya Singh,Adv.with CBI
VERSUS
Through:
W.P.(CRL)1297/2010
SANJIV KUMAR
Through:
CBI
VERSUS
Through:
Respondent Mr.Narender Mann,Special Public Petitioner
Mr.Aditya Singh,Adv.with Respondent Mr.Narender Mann,SpecialPublic
CORAM:
HON'BLE MR.JUSTICE R.K.GAUBA
12.05.2017 These three criminal writ petitions invoke Articles 226 and 227 ofthe
Constitution of India read with Section 482 of the Code of Criminal
2017:DHC:8185 ofthe court of Special Judge(Prevention ofCorruption Act)on the file of criminal case no.84/2008 on the basis of report under Section 173 Cr.P.C. submitted by the Central Bureau ofInvestigation(CBI)upon conclusion of the investigation into RC 3(A)/2005/CBI-ACU-IX,New Delhi wherein the petitioners stood arraigned as accused persons. By the impugned order,the learned Special Judge dismissed the application of the accused seeking further investigation under Section 173(8)Cr.P.C.also invoking Section207
Cr.P.C.
It is noted that the petitioners have not shown any interest in these proceedings since 2014.
It is fairly conceded on behalfofthe petitioners thatthe criminal case in question has now reached the stage of final arguments in the court of
Special Judge, after all the requisite stages prescribed in a criminal trial having been duly completed.
Having regard to the above facts, these proceedings cannot survive and are accordingly closed.
Allthe petitions along with accompany applicationsstand disposed of accordingly.
R.K.GAU MAY 12,2017 vk W.P.(CRL)194/2010etc. ^
2017:DHC:8185
JUDGMENT