$~82 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010360222026 + W.P.(CRL) 2359/2026 M/S VALMARK INTERNATIONAL THROUGH ITS AUTHORIZED SIGNATORY MS. KHUSHBU SANHOTRA .....Petitioner Through: Mr. Chirag Aneja and Ms. Ritu, Advs. versus STATE THROUGH GOVT OF NCT OF DELHI & ANR. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar, Adv. Mr. Akhilesh, SPP for CBI with Ms. Anchal Kashyap, Adv. CORAM: HON’BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 07.08.2026 CRL.M.A. 23887/2026 (exemption) 1. Allowed, subject to all just exceptions. 2. Application stands disposed of. W.P.(CRL) 2359/2026 1. This petition seeks to challenge the order dated 30.07.2026 passed by the Special Judge, Prevention of Corruption Act, 1988 (PC Act), CBI-04, Rouse Avenue Courts (“Impugned Order”), declining to direct for registration of FIR by the CBI, under the provisions of the PC Act. 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 14/08/2026 at 13:33:40 2. As per the allegations, the petitioner alleges corrupt acts by certain public servants serving under the Central Government, particularly officials functioning under the Directorate General of Foreign Trade (DGFT), Ministry of Commerce and Industry, Government of India, whose actions constitute offences punishable under the PC Act and allied provisions of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel appearing for the petitioner places reliance on the decision of this Court in Dr. A. S. Narayana Rao v. CBI1 to argue that the Special Judge is fully empowered to direct for registration of FIR by the CBI. He has extensively read paragraph no.11 of the said decision. The same is extracted as under: “11. Thus, in view of the aforesaid discussion, the impugned order is set aside. The matter is remanded back to the Learned Special Judge, who will consider as to whether the present case is a fit case for directing registration of FIR under Section 156(3) Cr.P.C. to the Anti-Corruption Branch or CBI or to proceed in accordance with the complaint case procedure as the Petitioner claims that he is in possession of the entire evidence. While directing registration of FIR to the CBI, the learned Special Judge will bear in mind the law laid down by the Hon’ble Supreme Court in State of West Bengal and others vs. Committee for Protection of Democratic Rights, West Bengal and others, 2010 (3) SCC 571 and T.C. Thangaraj vs. V. Engammal and others, 2011 (8) Scale 488 that only in cases with national and international ramification or relating to Central Govt. Employees, the CBI will be directed to register FIR and in other cases the directions can be issued to the Anti Corruption Branch for investigation.” 4. This Court, however, finds that vide Impugned Order, the Special Judge while placing reliance on the decision of the Supreme Court in the case of CBI v. State of Rajasthan2 has declined to entertain the petitioner’s application. The relevant para nos. 14 and 16 are extracted as under: - 1 2012: DHC: 2658. 2 (2001) 3 SCC 333. 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 14/08/2026 at 13:33:40 “14. True, powers of the High Court under Article 226 of the Constitution and of the Supreme Court under Article 32 or Article 142(1) of the Constitution can be invoked, though sparingly, for giving such direction to CBI to investigate in certain cases, (vide Kashmeri Devi v. Delhi Admn. [1988 Supp SCC 482: 1988 SCC (Cri) 864] and Maniyeri Madhavan v. Sub-Inspector of Police [(1994) 1 SCC 536: 1994 SCC (Cri) 442]). A two-Judge Bench of this Court has by an order dated 10-3-1989, referred the question whether the High Court can order CBI to investigate a cognizable offence committed within a State without the consent of that State Government or without any notification or order having been issued in that behalf under Section 6 of the Delhi Act. *** 16. As the present discussion is restricted to the question whether a Magistrate can direct CBI to conduct investigation in exercise of his powers under Section 156(3) of the Code it is unnecessary for us to travel beyond the scope of that issue. We, therefore, reiterate that the magisterial power cannot be stretched under the said sub-section beyond directing the officer in charge of a police station to conduct the investigation.” (Emphasis Supplied) 5. This was reiterated in Sakiri Vasu v. State of U.P.3, the relevant para no. 31 is extracted as under: - “31. No doubt the Magistrate cannot order investigation by CBI vide CBI v. State of Rajasthan [(2001) 3 SCC 333: 2001 SCC (Cri) 524] but this Court or the High Court has power under Article 136 or Article 226 to order investigation by CBI. That, however, should be done only in some rare and exceptional case, otherwise, CBI would be flooded with a large number of cases and would find it impossible to properly investigate all of them.” (Emphasis Supplied) 6. The impugned order indicates that the Supreme Court in CBI(Supra) and Sakiri Vasu (Supra) has repeatedly held that the Magistrate/Special Judge is not empowered to direct for registration of FIR by the CBI. The power to direct for registration of FIR lies with the constitutional courts. 7. Therefore, when the impugned order is examined on the anvil of the 3 (2008) 2 SCC 409. 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 14/08/2026 at 13:33:40 enunciation of law, this Court finds that the Special Judge has not committed any error requiring interference. 8. Accordingly, the petition fails and is hereby dismissed. 9. The petitioner, however, shall be at liberty to take any other recourse in accordance with law. PURUSHAINDRA KUMAR KAURAV, J AUGUST 7, 2026/P 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 14/08/2026 at 13:33:40