The Delhi High Court has stayed the exceution of 'Search Warrant' issued against Advocate Mehmood Pracha who has been accused of forging documents in cases relating to North-East Delhi Riots 2020.
The single-judge bench of Justice Jasmeet Singh put a hold on orders
issued by Magistrate and other orders passed by the Trial Court
and prima facie opined that Delhi Police had searched his office
premises back on 24th December, 2020 and that there was no service of
notice under Section-91 Cr.P.C.
"For the reasons recorded hereinabove, the order dated 02.03.2021, 04.03.2021, 25.03.2021 passed by learned CMM in FIR No. 212/2020 and order dated 05.11.2022 passed by ASJ-07, New Delhi District in Criminal Revision No. 159/2021 and the search warrant dated 04.03.2021 shall remain stayed till the next date of hearing," the Court said in the order.
Following accusations against him, an FIR was registered in August 2020 pertaining to which the Delhi Police obtained a search warrant from a local court to search alleged 'incriminating documents' and 'metadata of outbox' of the official e-mail address of Pracha's office.
Mr. Pracha has mentioned in his petition that the Police is seeking certain documents from his computer and had in fact already seized them during execution of an earlier such warrant.
While he is absolutely willing to supply the said documents in compliance of the Criminal Procedure Code, the Police is insistent upon seizing his entire computer, which contains 'sensitive data of thousands of his clients, he has pleaded.
He has argued that the same is totally arbitrary and against the basic concept of rule of law.
For the Police to act in an 'underhanded manner' and obtain a fresh search warrant even when the whole issue was pending adjudication before the CMM is unprecedented, he has contended.
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(With input from news agency language)
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