RENUKA KULKARNI Vs. STATE

JUDGEMENT

(1.) These writ petitions under Article 226 of the Constitution of India have been filed seeking transfer of investigation carried out by the Economic Offences Wing in FIR No. 64/2016 dtd. 23/5/2016 registered at Police Station Economic Offences Wing for offences under Ss. 406, 409, 420 & 120B IPC; FIR No.114/2016 dtd. 4/3/2016 registered at Police Station Sarita Vihar for offences under Ss. 420 & 34 IPC and FIR No.116/2016 dtd. 5/3/2016 registered at Police Station Sarita Vihar for offences under Ss. 406, 420 & 34 IPC to a Special Investigative Team (SIT) headed by a retired Judge or to a superior investigating agency being CBI or Special Cell.

(2.) The facts in brief leading to the filing of the present writ petition are as under:-

(3.) The present petitions have been filed by the Complainants. Material on record indicates that bail applications have been filed by Ashish Bhalla, Sunil Gandhi and S.K Hooda. Out of three main accused, Ashish Bhalla and Sunil Gandhi have never been arrested and their applications for grant of bail in the event of arrest in three FIRs being FIR No.64/2016, FIR No.116/2016 and FIR No.114/2016 have been considered by this Court in Bail Applications being BAIL APPLN. 1004/2019 etc. and BAIL APPLN. 3975/2023 etc. The third principal accused being S.K. Hooda who was in custody and who has been released on interim bail by this Court has also filed Bail Applications being BAIL APPLN. 776/2024 etc. since he was in custody pursuant to the orders passed by the Apex Court vide Order dtd. 12/1/2024. S.K. Hooda has also filed bail application for grant of interim bail which was granted to him on 19/3/2024 on medical grounds. Bail applications filed by the accused persons have been considered separately by this Court.