Soma Enterprise v. CBI

TALWANT SINGH, J MAY 31, 2023/pa

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment pronounced on : 31.05.2023 + W.P.(CRL) 1800/2022 SOMA ENTERPRISE LTD. ..... Petitioner Through: Mr. Arvind Nigam, Senior Advocate with Mr. Arunabh Chowdhari, Senior Advocate with Mr. Manu Sharma, Mr. Vaibhav Tomar, Mr. Kartik Khanna, Mr. Abhyuday Sharma, Mr. Kartikay Masta, Mr. Gyanendra Kumar & Mr. Madhulak Bhardwaj, Advocates. versus CBI ..... Respondent Through: Mr. Anupam S. Sharma, SPP/CBI, with Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Abhishek Batra and Mr. Ripudaman Sharma, Advocates CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. The petitioner company has filed this writ petition under Article 227 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 (herein after referred to as the 'Code'), invoking the supervisory writ jurisdiction of this Court and has made the following prayer: "a) Issue an appropriate writ/order/direction calling for the records of the case in CBI Case No.25/2019 titled State vs. Dheeraj Kumar and Ors. pending before the Court of Shri Balwant Rai Bansal, Special Judge (PC Act), CBI-17, Rouse Avenue Courts, New Delhi and after perusing the same, this Hon'ble Court may be pleased to set aside/quash the order framing charge dated 02.07.2022 (ANNEXURE-P/1) read with the Order dated 14.07.2022 (ANNEXURE-P/2) passed by the Court of Sh. Balwant Rai Bansal, Ld. Special Judge (PC Act), Rouse Avenue Courts, New Delhi in CBI Case No. 25/2019 arising out of FIR RC No. 01(A)/2019/AC- III/New Delhi, under Section 120B read with Sections 7A/8/9/10 & 12 of the PC Act, 1988 (as amended in 2018) and separate charge for the offences punishable under Sections 9 & 12 of the PC Act, 1988 (as amended in 2018) against the Petitioner and all proceedings emanating thereunder in respect of the Petitioner M/s Soma Enterprise Ltd.; and b) Pass any such other similar order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case and in the interest of justice." 2. In brief facts, it is mentioned that a Preliminary Enquiry (herein after referred to as 'PE') was registered against a company named M/s Isolux Corsan India Engineering and Construction Pvt. Ltd., bearing No. PE2172018A0002/CBI/ACU-V/AC-II/New Delhi on 29.11.2018, in which one of the allegation was regarding paying bribes to Government officials during execution of two projects of National Highway Authority of India (herein after referred to as 'NHAI'). The parent company, M/s Isolux Corsan (a Spanish Company) had become bankrupt in Spain and all the offices in India of the said company and its Indian subsidiary were closed, so a notice was issued to the petitioner company to provide certain details as it had two joint ventures (JVs) with the said company. 2.1 There were allegations against the said company and a complaint was received from Central Vigilance Commission (CVC), that formed the basis of the PE, which was marked to Shri Kuldeep Singh, Sub-Inspector of Police, CBI/ACU-VI/AC-II, New Delhi, for enquiry. The said IO, on 17.01.2019, issued a notice to the present petitioner in respect of the said enquiry and called for certain documents along with details of the officials of the petitioner company, who were dealing with M/s Isolux Corsan India Engineering and Construction Pvt. Ltd. and with NHAI officials. 2.2 The petitioner company and M/s Isolux Corsan India Engineering and Construction Pvt. Ltd. had entered into two joint ventures regarding Kishangarh-Ajmer-Beawar project in the State of Rajasthan and Surat- Hazira Port project in the State of Gujarat. The petitioner company authorised Mr. P.R. Rao, Vice-President, to represent the company before the Investigating Officer, CBI, New Delhi, vide authorisation letter dated 29.04.2019. On 30.04.2019, Mr. P.R. Rao replied to the letter of the Investigating Officer dated 17.01.2019 and supplied the requisite documents and details. Again on 14.06.2019, a