India News | Delhi HC Quashes Proceedings Against Bina Modi, Lalit Bhasin in Assault Case
Get latest articles and stories on India at LatestLY. Delhi Police had said that there is no need to proceed further against Bina Modi and Lalit Bhasin. However, the court had issued a summons to them.
New Delhi [India], April 27 (ANI): The Delhi High Court on Monday quashed a criminal case against Bina Modi, Lawyer Lalit Bhasin and PSO Surender Prasad. The High Court quashed the matter after a settlement between the parties. This FIR was filed on a complaint filed by her son Samir Modi.
Delhi Police had said that there is no need to proceed further against Bina Modi and Lalit Bhasin. However, the court had issued a summons to them.
Justice Saurabh Bannerjee wished the case against Bina Modi, Lalit Bhasin and Surender Prasad. They had moved to the High Court for quashing of the matter.
The High Court quashed the matter after noting that Samir Modi appeared through video conferencing and said that he has withdrawn. Earlier the High Court had stayed proceedings at trial court against them.
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On February 10, Saket court issued summons to them. They had challenged the summons and sought quashing of the same.
During the hearing, Justice Saurabh Banerjee had reprimanded the investigation officer and asked him how concluded that the finger of Samir Modi got fractured due to assault.
"He (Samir Modi) was in meeting for two hours, had he told anyone about the injury," justice Banerjee asked the Investigation Officer.
Delhi Police filed a charge sheet and said that there is insufficient material to proceed against them. The court took Cognizance of the charge sheet and issued summons.
Delhi Police had named Surendra Prasad, PSO of Bina Modi, as an Accused. This case pertains to an FIR lodged by the Businessman Samir Modi at Sarita Vihar police station in 2024.
Samir Modi alleged he was stopped from entering a board meeting and assaulted by Surendra Prasad PSO of Bina Modi. It is alleged that finger of Samir Modi was broken. Judicial Magistrate First Class (JMFC) Dr. Aneeza Bishnoi took cognisance of the charge sheet and summoned Surender Prasad, Bina Modi and advocate Lalit Bhasin.
"The court is of the view that after perusal of the chargesheet, statements record during investigation and material placed on record, although accused Bina Modi and accused Lalit Bhasin have been in column no. 12 of the charge-sheet, there exists sufficient material indicating their prima facie involvement in the alleged offence," JMFC Aneeza Bishnoi said on February 10.
The court said that at the stage of taking cognisance, a meticulous evaluation of evidence is neither warranted nor permissible and the material on record, though circumstantial, forms a prima facie chain pointing towards a meeting of minds between the accused persons which is sufficient at this stage to proceed with the trial.
Delhi police had filed a chargesheet on 01.03.2025 against accused Surendra Prasad, Bina Modi and Lalit Bhasin. In this accused Surendra Prasad was kept in column no. 11 under section 325/341 Cr.P.C. and Bina Modi and Lalit Bhasin were kept in column no. 12.
Thereafter, Samir Modi filed a protest petition on 29.04.2025. He prayed that cognizance be taken against accused Bina Modi and Lalit Bhasi as well to face the trial.
Investigation officer (IO) had filed a reply to the protest petition. However, on submissions of IO himself, a second reply was also called, and both the replies were filed on the same lines, stating that no evidence has been unearthed during the investigation so as to show the involvement of Bina Modi and Lalit Bhasin. After hearing the counsels, the court allowed the protest application.
"The Investigating Officer cannot be a deciding authority in a case that he is investigating, that too on the basis of the statement of one of the accused that the other accused persons have not committed any offence," the court observed in the order.
JMFC Bishnoi said, "On the basis of chargesheet and supporting documents, I hereby take cognizance of offence as mentioned in charge-sheet."
Advocates Siddharth Yadav, Saurabh Ahuja, Rahul Sambhar and Kashish Ahuja appeared for Samir Modi. Senior advocate Manu Sharma appeared for the accused.
The complaint filed by the complainant Samir Modi, had stated that on 30.05.2024, complainant was physically assaulted at the office of GPI, Jasola where he also has his offices, and he had gone for a board meeting as he is an Executive Director of GPI.
It was also stated that he was invited to attend the meeting and agenda had been shared with him that some important decisions were to be taken. Court matters are also pending regarding the ownership of the shares of GPI.
It was further stated that while he was walking towards the boardroom, accused Surendra Prasad PSO of Bina Modi stood in his way and tried to stop him from entering.
It is alleged that accused Surendra informed him that he had instructions from Bina Modi not to let him enter into the board room where the meeting was being convened. On instructions, as he was told by the accused, the PSO pushed him to which he objected and he did not let him enter and would move in the direction in front of him where he would move. Thereafter, complainant heard some instructions from inside saying that he should be restrained.
The complaint stated that Samir Modi continued to insist on attending the board meeting and, thereafter, on instructions, he was brutally assaulted by the PSO. PSO attacked him and hit him, twisted his arm to such extent that his right hand index finger broke.
Despite him shouting in pain, PSO did not relent and complainant feared for his life and started crying for help. Other two PSOs were standing as a backup to attack him. PSO hit him several times and he threatened the complainant saying that he has instructions from a very powerful and resourceful person and also told him that he would finish his job outside the premises. When he shouted for help, and after much of a commotion, the door of the board meeting opened and he was let in, Samir Modi alleged. (ANI)
(The above story is verified and authored by ANI staff, ANI is South Asia's leading multimedia news agency with over 100 bureaus in India, South Asia and across the globe. ANI brings the latest news on Politics and Current Affairs in India & around the World, Sports, Health, Fitness, Entertainment, & News. The views appearing in the above post do not reflect the opinions of LatestLY)