W.P.(C)--3903/2011. Case: DEEPAK ANAND Vs. UNION OF INDIA & ORS. High Court of Delhi (India)

Case NumberW.P.(C)--3903/2011
CitationNA
Judgement DateDecember 17, 2015
CourtHigh Court of Delhi (India)

*IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision: 17th December, 2015 + W.P.(C) No.3903/2011

DEEPAK ANAND ….. Petitioner

Through: Petitioner-in-person.

Versus

UNION OF INDIA & ORS. ….. Respondents

Through: Mr. Abhay Prakash Sahay, CGSC with Mr. Deepak Gupta, Adv. for 1/UOI.

Ms. Sonia Mathur with Mr. Sushil Kumar Dubey, Advs. for CBI.

IO Mohit Kumar.

CORAM:-

HON’BLE THE CHIEF JUSTICE

HON’BLE MR. JUSTICE RAJIV SAHAI ENDLAW

RAJIV SAHAI ENDLAW, J

  1. The petitioner, an Advocate, has filed this petition as a Public Litigation (PIL) seeking a direction to the Ministry of Home Government of India to constitute an independent Special Investigating (SIT) or the Special Task Force (STF) for fair, unbiased, impartial and investigation of case FIR No.878/2000 of Police Station Kalkaji, New and to “expose the fake stamps scams and book all the persons involved crime”.

    W.P.(C) No.3903/2011 Page 1 of 10

  2. The petition was entertained and the respondent no.2 Central Bureau Investigation (CBI) directed to file and has filed an affidavit and to rejoinder was filed by the petitioner.

  3. The petitioner, in the petition has sought to justify the relief by

    i) that though the accused in the FIR had disclosed getting supply of stamps from one Hemant Dubey of Mumbai but after the investigation case was taken over by the CBI, the CBI surprisingly not only gave a clean chit to the said Hemant Dubey but also cited him as a prosecution witness charge sheet; ii) that from what has emerged in the investigation, it is that apart from the “Telgi Scam”, there was another fake stamp scam which was run parallel to Telgi Scam; iii) that though the fake stamp scam of Abdul Karim Telgi had come to an end with the recovery of his printing press in June,

    the parallel scam of Hemant Dubey and others is yet to be unearthed.

  4. The respondent no.2 CBI in its counter affidavit has pleaded that:

    i) The petition is based on baseless presumptions.

    ii) The contention in the petition that the fake stamps recovered printed by Hemant Dubey is devoid of any merits.

    W.P.(C) No.3903/2011 Page 2 of 10

    iii) Earlier also several writ petitions were filed by accused persons fake stamp cases registered with CBI raising similar issues the present PIL and all the writ petitions were dismissed.

    iv) Since the accused persons failed to scuttle the progress of the of the said cases, they have now got the present writ petition filed.

    v) The role of Hemant Dubey was probed but except the allegation...

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