$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C.10259/2024
M/S. CNA EXPORTS PVT LTD .....Petitioner
Through: Mr. Krishan Kumar and Mr. Shivam
Bedi, Advocates.
versus
THE STATE AND ANR. .....Respondents
Through: Mr. Aman Usman, APP for State.
Mr. Sumer Boparai and Mr. Surya
Pratap Singh, Advocates for R-2.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
O R D E R
% 27.12.2024
CRL.M.A. 39346/2024 (Exemption)
1. Allowed, subject to all just exceptions.
2. The Application is disposed of.
CRL.M.C.10259/2024 & CRL.M.A.39345/2024
3. The Petition under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (hereinafter ‘BNSS’) has been filed against
the order dated 27.12.2024 whereby the Respondent Sh. Janak
Datwani has been permitted to travel abroad from 29.12.2024 to
10.03.2025.
4. The only grievance expressed on behalf of the Petitioner is that
there are criminal and civil litigations pending for many years in
which evidence has not been recorded. In so far as the criminal trial
is concerned, the date for recording of evidence in the criminal case
This is a digitally signed order.
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The Order is downloaded from the DHC Server on 30/12/2024 at 12:35:42
is given for 28.03.2025 i.e. after the 10.03.2025, when the Petitioner
has to return.
5. Petitioner has also expressed concern that there is 18 year old
civil litigation pending wherein the directions have been given by the
Single Judge to the Local Commissioner for recording of the
evidence and to make an endeavour to complete the evidence of Mr.
Janak Datwani within three months which is going to get over on
03.01.2025. There are six dates which are fixed for recording of
evidence which would be seriously impacted because of his travel
abroad.
6. Learned Counsel on behalf of the Respondent has submitted
that these Orders for travelling abroad have been given in the
criminal case and are not pertaining to the civil trial. Moreover, the
liberty has already been granted for getting the evidence of the
Respondent recorded through VC, in Civil matter. Learned counsel
for the Respondent further submits that the learned Local
Commissioner has resigned and the new Local Commissioner had to
be substituted.
7. Submissions heard.
8. So far as the civil matter is concerned, it has already been taken
care by the learned Trial Court who has directed that an appropriate
Application for getting the evidence recorded through VC be made.
9. Moreover, the next dates for recording of evidence are still not
notified and, therefore, the Respondent cannot give any undertaking
in regard to appearing physically in India for recording of evidence.
10. The directions are hereby modified that in case the need be and
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 30/12/2024 at 12:35:42
the exigencies of the circumstances so warrant, appropriate
Application be filed by the Petitioner before the Court to seek his
physical presence in the case where recording of evidence is being
inordinately delayed or there is no arrangement that can be done
through the VC during the period the Respondent is out of India.
11. No further directions are required.
12. Petition stands disposed of.
13. The Revision is still pending before the learned ASJ who may
decide the same without being influenced by the Order made by this
Court.
NEENA BANSAL KRISHNA
(VACATION JUDGE)
DECEMBER 27, 2024
rk
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 30/12/2024 at 12:35:42