SANJAY DHINGRA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This is an application filed under Sec. 482 of the Cr.P.C. on behalf of respondent nos. 2,3,4,5,6,9, 10 and 11 seeking recall/ modification of the order dtd. 2/6/2021.

(2.) It is submitted by the learned counsel for the applicants that the notice in the main petition was issued on 26/3/2021 but till date no notice has been served to the applicants and the order dtd. 2/6/2021 was passed ex-parte and the applicant/respondent Banks recently became aware of the proceedings when they were contacted by the newly appointed forensic auditors. It is further submitted by him that the petitioners have not approached with clean hands and have blatantly, and in a mala fide manner also suppressing material facts and misleading this Hon'ble Court.

(3.) It is further submitted by the learned counsel for the applicants that the order dtd. 2/6/2021 will not only prejudice the outcome of other on-going proceedings involving the petitioners but it will also have the potential to open 'pandora box' and may set a precedent in respect to similarly placed matters. It is further submitted that in the order dtd. 2/6/2021 in the last few lines which reads as "the directions to examine the matter afresh between the period 1/10/2015 to 30/6/2018. The said Forensic Audit Firm shall give its report within 5 months and till that time no further coercive action be taken against the petitioners.", it is clear that this Hon'ble Court has granted the interim protection only till the filling of the fresh forensic audit report. It is further submitted by the counsel for the applicant that the fresh audit report which was directed by this Hon'ble Court has already been filed and the same has been recorded in the order dtd. 20/5/2022. Therefore, it is prayed that the directions issued in the interim order dtd. 2/6/2021 be modified as the subject matter pertaining to that order has been complied with.