YOGESH MITTAL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This habeas corpus petition under Article 226 of the Constitution seeks a declaration that the continued detention of the Petitioner in FIR No. 205/2016 by denying him the right of default bail under Section 167(2) of the Code of Criminal Procedure, 1973 ("Cr PC") and without formal cognizance taken of the offence committed by him in the said FIR is illegal, warranting his release from custody as far as the said FIR is concerned. Background facts

(2.) The background facts are that the aforementioned FIR No.205/2016, dated 25th December 2016 was registered with the Crime Branch, Delhi Police under Section 420 / 406 / 409 / 467 / 468 / 471 / 188 / 120 Indian Penal Code ("IPC "). In the said FIR, after conclusion of the investigation, a final report No.1 dated 24th June 2017 was filed, alleging different offences against different accused persons who were named in Column 11 of the said final report. The name of Petitioner, Yogesh Mittal, did not figure in Column 11 of the final report. However, in para 79 of the said report, it was stated as under:

(3.) It must also be noticed at this stage that, as noted in para 78 of the aforementioned final report, one of the accused in the aforementioned case, Rohit Tandon, was already in judicial custody in a case instituted against him by the Enforcement Directorate ("ED") under the Prevention of Money Laundering Act , 2002 ("PMLA"). Cognizance of offences under PC Act and IPC