LAWS(DLH)-2017-10-85

RAHUL SARAF Vs. U O I & ANR

Decided On October 10, 2017
Rahul Saraf Appellant
V/S
U O I And ANR Respondents

JUDGEMENT

(1.) This writ petition has been filed for quashing/recalling of the proceedings initiated by the respondents pursuant to the request for legal assistance dated 18.08.2016 and request for supplementary legal assistance dated 06.09.2016 as well as the letters issued by the Ministry of Home Affairs dated 29.01.2017 and 27.01.2017 issued by the CBI (respondent No.2) and for setting aside of any proceedings initiated pursuant to Note Verbale No.175 dated 08.02.2016 and Note Verbale No.1206-K dated 20.10.2016 issued by the Embassy of Russian Federation for legal assistance in connection with Criminal Case No.385014. A further prayer has been made in the present writ petition for restraining the respondents from taking any steps pursuant to the indictment order dated 06.06.2016, passed by the Special Investigator of the Investigative Department of Major Investigations, Directorate of the Investigative Committee of the Russian Federation.

(2.) Before adverting to the facts of the case, it would first be necessary to set out in brief the occasion for preferring the present writ petition.

(3.) The petitioner had earlier approached this Court vide W.P(Crl) No.2572/2016 seeking quashing of the request for legal assistance dated 18.09.2015 issued by the Russian Federation to the Union of India and restraining the respondents from taking any action or steps in furtherance of such a letter of request. Similar such prayer, as has been made in the present petition, viz. restraining the respondents from taking any coercive steps against the petitioner, was also made in the aforesaid petition.