ASHISH BHALLA Vs. STATE

JUDGEMENT

(1.) The appellant has filed the present appeal under Section 341 of the Code of Criminal Procedure, 1973 (CrPC), impugning the order dated 28.08.2019 (hereafter 'the impugned order') passed by the Ld. ASJ, South East District, Saket, whereby the Court had allowed an application under Section 340 of the CrPC and had directed that a complaint in writing be made against the appellant in the Court of Ld. CMM, South-East District, Saket Courts, New Delhi. The impugned order is premised on the court's prima facie view, that the appellant's statement of "neither being a part of the investors group nor the promoters group" appears to be wrong.

(2.) The Court had formed the said prima facie view on perusal of the summary of the appellant's profile (along with the summary of the profile of thirteen other jury members) in a book/pamphlet published by Future Institute (a company allegedly owned by the appellant) and the reply/affidavit of EOW, Delhi Police filed in the matter of BA No. 1004/2019 before this Court.

(3.) The appellant has challenged the order dated 28.08.2019 on the grounds that the Trial Court had erred in placing reliance on a book (pertaining to architecture published by a research organization), since the same was not a statement made by the appellant on oath or any statement that had any bearing on the alleged offence. The appellant has further contended that the reliance placed on interim police reports is misplaced, as the same does not present any incontrovertible evidence and initiation of proceedings on the basis of the same is erroneous. The appellant also states that the impugned order was passed without issuing a notice to the appellant, which is violation of the principles of natural justice.