Mr. Sahil Jain, Advocate v. STATE GNCTD ORS

W.P.(CRL) 1420/2023 Page 1 of 5 $~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1420/2023 RAHUL SHARMA .....Petitioner Through: Mr. Sahil Jain, Advocate. versus STATE GNCTD & ORS. .....Respondents Through: Mr. Amol Sinha, ASC for the State. CORAM: HON’BLE MR. JUSTICE SANJEEV NARULA O R D E R % 12.08.2025 1. The present petition filed under Article 226 of the Constitution of India, 1950 seeks the following reliefs: “(a) Issue a Writ in the nature of Mandamus directing that the investigation in FIR 390/22 dated 14.02.2022, P.S. Nihal Vihar be transferred to any independent agency namely Economic Offence Wing or Special Cell or Central Bureau of Investigation or any SIT as no investigation in the present FIR has been done by present investigating agency despite clear direction by Hon’ble illaqa Magistrate vide Order dated 11.04.2022 to Respondent no. 2,3 and 4, in the interest of justice; and (b) Issue a Writ in the nature of Mandamus directing that the investigation in FIR 390/22 dated 14.02.2022, P.S. Nihal Vihar be conducted in a fair, effective and transparent manner by any of the agencies namely Economic Offence Wing or Special Cell or Central Bureau of Investigation or any SIT as the investigation will definitely unearth the fraud, cheating, forgery, conducted by accused persons (as they are running a criminal syndicate in various states of India) with large number of aspirants including the Petitioner and also as the training of the Petitioner was got done by criminal syndicate on various Railway stations of Different states including Bihar and Uttar Pradesh, therefore there exists a strong and reasonable suspicion that some senior level officers of Indian Railways are also involved in this 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 18/08/2025 at 12:49:32 W.P.(CRL) 1420/2023 Page 2 of 5 scam as Official Email handle of IG cum Principal Chief Secretary Commissioner RPF Indian Railways has been deliberately and routinely accessed and misused by syndicate to commit offence of fraud, cheating, forgery etc. with the Petitioner; and (c) Issue a Writ in the nature of Mandamus directing the investigation in FIR 390/22 dated 14.02.2022, P.S. Nihal Vihar be concluded in a time bound manner, in the interest of justice; and (d) Issue direction under Section 482 Crpc, 1973 to Respondent no. 1 to take strict action against Respondent no. 2, 3 and 4 for willful defiance/deliberate non compliance of Order dated 11.04.2022 passed by Hon’ble Court of Sh. Fahad Uddin, MM, West, Tis Hazari Court, Delhi in Ct Cases/1267/2021 titled as Rahul Sharma Vs Satyapal Kaushik annexed as Annexure P-4;” 2. The proceedings emanate from FIR No. 390/2022, registered pursuant to an order under Section 156(3) of the Code of Criminal Procedure, 1973.1 The Petitioner alleges that, despite the order dated 11th April, 2022 directing the Investigating Officer to expedite the investigation and file the chargesheet within 60 days, no meaningful progress has been made. It is averred that even the issuance of a notice under Section 41A of CrPC has not yielded results and that the chargesheet remains pending. The Petitioner thus alleges that the investigation continues to be protracted and ineffective. 3. In compliance with this Court’s directions, the State has placed on record an updated status report outlining the progress of the investigation, as under: “8. During the course of investigation, statement under Section 161 CrPC of Parvesh Gaur S/o Raj Kumar and Deepak Sharma S/o Ashok Sharma were recorded wherein he stated that Satpal Kaushik took INR 8 Lacs from Rahul Sharma for Government Job in Group D in Indian Railways. Initially Satpal Kaushik took 2.5 Lacs rupees from Rahul and a few months later he took 5.5 lacs rupees from the father of Rahul in the pretext of providing the Government Job in Group Din Indian Railways. Thereafter, an enquiry was also conducted from [email protected] who stated that this ID is of Chief Security Commissioner RPF/North eastern 1 “CrPC” 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 18/08/2025 at 12:49:32 W.P.(CRL) 1420/2023 Page 3 of 5 railway Gorakhpur and no such emails were send to [email protected]. 9. During the course of investigation, complainant has provided several mobile numbers of Satpal Kaushik i.e 9873239931 9654882531, 9958150013, 9873719931, 9811328113, 9968200515 and also told that the Mobile no. 7428293046 belongs to Sanjay Tiwari, Mobile no. 9355204908, 9599838193 belongs to Hemant Arya, Mobile no. 9910921256 belongs to Balbir Chauhan, Mobile no. 7248561245 belongs to Mukesh, Mobile No. 9205100803 belongs to Amit. 10. Thereafter, CDR and ownership of all the mobile no. was obtained and as per ownership it is found that ownership of mobile No. 9873239931 belongs to Satpal Kaushik R/o H. No. 435/11 Near Sita Ram Mandir Tikri Kalan Delhi. CDR of mobile no. was obtained and during analysis it was found that the mobile no. is operative for one day only on 25/06/2023. Again, the CDR of Mobile phone was obtained and it was found that now the ownership of mobile no. 9873239931 belongs to Co. Creditron Services Private Limited whose activation date is 21/02/2024. Ownership of mobile No. 9654882531 belongs to Satpal Kaushik R/o H. No. 435/11 Near Sita Ram Mandir Tikri Kalan Delhi. CDR of mobile phone was obtained and as per the locations of mobile phone several raids were conducted in the areas of Sultanpuri, Pooth Kalan, Sector 21 Rohini. Information was also passed to secret informers to gather information about whereabouts of Satpal Kaushik but all efforts are in vain and no clue was found about whereabouts of Satpal Kaushik. 11. Ownership of mobile No. 9873719931 belong to Surya Prakash R/o H. No. 435/11 Near Sita Ram Mandir Tikri Kalan Delhi, and ownership of mobile No. 9811328113, 9968200515 belongs to Satya Prakash R/o H. No. 435/11 Near Sita Ram Mandir Tikri Kalan Delhi both brothers of Satpal Kaushik. Thereafter, several raids were conducted at the given address of accused Satpal Kaushik S/o Shiv Kumar Sharma R/o H. No. 152, Near Sita Ram Mandir, Tikri Kalan Delhi but was not found at the given address. Brother of Satya Prakash Sharma S/o Shiv Kumar Sharma R/o H. no. 435/7, Kh. No. 152, Near Sita Ram Mandir, Tikri Kalan Delhi and Surya Prakash Sharma S/o Shiv Kumar Shanna R/o 435/11 Kh. No. 152, Near Sita Ram Mandir, Tikri Kalan Delhi were found present who stated that Satpal Kaushik along with his family members has left the house since last 3 years and they did not know about the present whereabouts and contact numbers of Satpal Kaushik and his family members. A notice under Section 41 CrPC to join the investigation of case was also pasted at the given address of the accused Satpal Kaushik. 12. Ownership of mobile no. 9355204908 belongs to Dilshad Malik R/o J4 128 Khidki Extension New Delhi whose activation date is 31/05/2022 who told that he did know any of the alleged person namely Satpal Kaushik, Hemant Kumar and he did not know about the alleged incident. Ownership of Mobile No. 9910921256 belongs to Ajay Prasad R/o H. No. 209, 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 18/08/2025 at 12:49:32 W.P.(CRL) 1420/2023 Page 4 of 5 Tuglakabad Ext. Delhi, whose activation date is 10/12/2022. The abovementioned address was visited and on local enquiry it was found that no such person is residing there. 13. On analysis of CDR it was found that the mobile phone is not used after 22/06/2023 and efforts were made to trace Ajay prasad in area of cell ID address i.e., Sadar Bazar, Delhi but all efforts are in vain. Ownership of mobile phone no. 7248561245 belongs to Afreen R/o Rasoolpur Ganwari, Amroha, UP whose activation date is 17/04/2023 who stated that she did not know any person namely Mukesh. Ownership of mobile No. 9205100803 belongs to Suraj R/o D 99C, Amar Colony Bakkarwala Nangloi Delhi. Being the address improper same could be traced. 14. The g-mails, received to the Complainant on his mail ID [email protected] were also analysed and it was found that the g-mails were received from g-mail [email protected] and cc of these g-mail is on [email protected] and [email protected]. The details of all the received g-mails, along with original messages were obtained from Complainant and a notice under Section 91 CrPC was sent to Gmail to fetch out the details of IP addresses, registration details and login logout details of all the above mail IDs. The reply of notice under Section 91 CrPC was obtained and as per details [email protected] belongs to Hemant Arya having registered Mobile no. 9927267759, 9599838193, 9310569310 and the user IP logs details were also obtained. 15. The mail ID [email protected] belongs to Global services having registered Mobile no. 9599838193 and there were no user IP logs. The mail ID [email protected] belongs to Hit Jobs having registered Mobile no. 8077578504, 7248561056 and the user IP logs details were also obtained. After Analysis of User IP logs of above-mentioned e-mails, a notice under Section 91 CrPC is served to Excitel Broadband Private Limited and Tata play Broadband Private Limited to provide the KYC details of user, location of internet connection installed, IPDR and CAF of user and IP destination whose reply of notice under Section 91 CrPC is still awaited. 16. Thereafter, a notice under Section 91 CrPC is also mailed to National Informatics Centre to fetch out the details about the domain of mail [email protected] and to fetch out the User IP logs, registered user of the mail ID. 17. The CDR and ownership of all the mobile numbers registered with the e-mails, was obtained and as per the ownership the Mobile no. 9927267759, 9599838193 belongs to Hemant Kumar Arya R/o H. No. 245, New Vikas Nagar Loni Dehat Ghaziabad Uttar Pradesh. CDR of both the mobile phone are analysed and it was found that mobile no. 9927267759 is not active since reg. of case, mobile no. 9599838193 is last active in April 2023. Address of the alleged Hemant Kumar was visited which was found locked. Ownership of mobile No. 9310569310 belongs to Jabir Rio H. No. 12 Near Shiv Mandir Ghaziabad, Gautam Budh Nagar UP whose activation 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 18/08/2025 at 12:49:32 W.P.(CRL) 1420/2023 Page 5 of 5 date is 16th February, 2024 and Mobile No. 7248561056 belong to Rajnesh Kumar R/o Gram Nagla Bhavani Mainpuri UP whose activation date is 07/11/2023. 18. During the course of investigation NBW of accused Satpal Kaushik s/o Shiv Kumar Shanna R/o H. no. 435/7, Kh. No. 152, Near Sita Ram Mandir, Tikri Kalan Delhi was got issued from concerned court which was remain unexecuted. Thereafter, proceeding under Section 82 CrPC was got issued against the accused Satpal Kaushik s/o Shiv Kumar Sharma R/o H. no. 435/7, Kh. No. 152, Near Sita ram Mandir, Tikri Kalan Delhi from the concerned court which is returnable on 09/04/2024. Further, the investigation of the case is underway.” 4. As evident from the afore-noted extract, investigative steps are being pursued, albeit with delays inherent to tracing absconding accused and obtaining third-party data from multiple agencies. In such circumstances, if the Petitioner remains dissatisfied with the pace or manner of the investigation, the appropriate course of action would be to seek suitable directions from the concerned Magistrate, who is empowered to monitor and ensure due diligence in the investigation. 5. In view of the foregoing, since investigative steps have been taken and proceedings against the main accused are underway, the threshold for ordering a transfer is not met and the Court finds no sufficient basis to direct the transfer of the investigation to a specialised agency. 6. In light of the foregoing, the present petition, along with pending application, if any, is dismissed. SANJEEV NARULA, J AUGUST 12, 2025 d.negi