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Delhi High court directed Special commissioner(EOW) to ensure fair investigation in case of CD pharma India Pvt. ltd.

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Court :
High Court Delhi

Brief :
Issue a writ and/or order and/or direction for transfer of the investigation into FIR No. 365 of 2017, registered by P.S. Safdarjung Enclave, from the Economic Offences Wing of the Delhi Police, Section VI to the Central Bureau of Investigation since the investigations have been compromised in collusion with the accused and Mr.Stefano Bagianti, as detailed in the writ petition, and the matter requires international investigation spanning several countries such as Switzerland, Italy, South Korea, Singapore, China, etc.; (b) Examine the case record and set aside the biased investigation conducted and/or report prepared by the investigating officer in collusion with the accused;

Citation :
W.P.(CRL) 999/2020 & Crl.M.A.No.8526/2020

IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 09th December, 2020 
Decided on : 23rd December, 2020 
 
W.P.(CRL) 999/2020 & Crl.M.A.No.8526/2020 
CD PHARMA INDIA PRIVATE LIMITED ..... Petitioner 
Through : Mr.Rajiv Nayyar, Senior Advocate 
with Mr.Rohit Kochar, Mr.Krishna 
Vijay Singh, Mr.Pradyuman 
Sewar, Mr.Kartik Nayar, Advocates. 

versus 

STATE OF NCT OF DELHI & ORS. ..... Respondents Through : Mr.Rahul Mehra, Standing Counsel (Criminal) and Mr.Chaitanya Gosain,
Advocate for State/R1-3. Mr.Nikhil Jain, SPP and Mr.Vinay Mathew, Advocate for R4/CBI. 

CORAM: 
HON'BLE MR. JUSTICE 

YOGESH KHANNA YOGESH KHANNA, J.

1. This petition is filed with the following prayers:

“(a) Issue a writ and/or order and/or direction for transfer of the investigation into FIR No. 365 of 2017, registered by P.S. Safdarjung Enclave, from the Economic Offences Wing of the Delhi Police, Section VI to the Central Bureau of Investigation since the investigations have been compromised in collusion with the accused and Mr.Stefano Bagianti, as detailed in the writ petition, and the matter requires international investigation spanning several countries such as Switzerland, Italy, South Korea, Singapore, China, etc.; (b) Examine the case record and set aside the biased investigation conducted and/or report prepared by the investigating officer in collusion with the accused;

(c) Direct CBI to register an FIR under the provisions of Section 217, 218, 219 and Section 120B of the Indian Penal Code, 1860 against Respondent Nos. 2, Mr. Stefano Bagianti, accused Claudio De Simone and accused Kanwaldeep Singh Chadha for conspiring with each other to enable Mr. Stefano Bagianti to gain unlawful access to the entire case
file during the investigations and illegally influencing such investigations; (d) Direct the Police Commissioner to initiate a departmental enquiry against the investigating officer and other errant officers; (e) xxxxxxx.”

2. It is submitted by the learned senior counsel for the petitioner, the petition is filed on account of subversion of entire process of law by the Investigating Officer and other officers to shield the accused persons in FIR No.365/2017 registered at PS, Safadurjung Enclave, Delhi, due to the undue influence exercised by Mr.Stefano Bagianti (an Italian lawyer), accused Claudio De Simone and accused Kanwaldeep Singh Chadha.

3. It is submitted in a legal proceeding in Switzerland against accused Claudio De Simone for money laundering, (he being a prime accused in FIR No.365/2017) he filed a memo of defense dated 14.05.2020 along with a letter dated 10.03.2020 of his Italian lawyer, Mr.Stefano wherein Mr.Stefano asserted he had visited India between July, 24 to 26, 2019 and met four police officials in various capacities, incharge of this investigation and during a plenary meeting on July 25, 2019 was provided direct access to the entire case file.

To know more in details find the attachment file
 

 

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on 22 January 2021
Published in LAW
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