In a Criminal Writ Petition filed by Kochhar & Co. on behalf of CD Pharma, the Delhi High Court Keeps the EOW Delhi Police Closure Report in Abeyance and Directs the Special Commissioner to Review the Investigations.

Deals & Matters
22 January 2021

Pursuant to a criminal writ petition filed by Kochhar & Co. and argued by our Managing Partner Mr. Rohit Kochhar on behalf of the Italian pharma company Actial’s Indian subsidiary (CD Pharma), the Delhi High Court directed the closure report of the Economic Offences Wing (EOW) of the Delhi Police to be kept in abeyance, and for the Special Commissioner to review the investigations and file a report within a stipulated timeframe.

The writ petition challenged the closure report on various grounds including, unlawful access provided by the police to the Italian lawyer for the Swiss accused, of the entire case file, in complete violation of Section 172 of the Code of Criminal Procedure (CrPC), which specifically bars an accused or his agent from gaining access to the investigation records.

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Delhi HC holds EOW closure report, directs special commissioner to examine investigation (