Interim Order 7

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)-02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided Over by: Ashish Aggarwal, DHJS
CC No.15/2024
State v Harmenn Sabherwal & Ors.
FIR No.56/2022
PS EOW
13.08.2024
Present : Sh. Girish Giri, Ld. PP for State.
Accused, Harmenn Sabharwal and Pawan Kumar Rai are absent.
Sh. Sandeep Sharma, Ld. Counsel for complainant Sunil
Kaushik.
Sh. Rohit Shukla, Ld. Counsel for victim Shree Ram Verma.
Sh. Rohit Raheja, Ld. Counsel for accused Govind Tulsiyan.
Accused Govind Tulsiyan appearing through VC.
Sh. Mayank Joshi, Ld. Counsel for accused Trilok Singh
alongwith the said accused.
Sh. Prashant Kumar, Ld. Counsel for accused Mritunjai Roy
appearing through VC.
Accused Mritunjai Roy in person.
Sh. Subhash Basioya, Ld. Counsel for accused Umesh Batra
appearing through VC.
Accused Umesh Batra in person.
Accused Diprana Tiwari in person.
Sh. Deepak Kumar Gupta, Ld. Counsel for accused Vinod Kumar
Sharma alongwith the said accused.
Ms. Ritika Davis, Ld. Counsel for accused Pawan Kumar Rai.
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Sh. Sudheer Kumar, Ld. Counsel for sureties Raj Kumar and
Kishan.
Sh. Krishan Kumar, Administrative Officer, DEMS, CSPZ, MCD is
present
IO ACP Hari Singh Yadav alongwith Inspector Amit Pratap are
present.
An application is filed on behalf of accused Pawan Kumar Rai
seeking exemption from appearance for today only. Arguments are heard. For the
reasons stated in the application, the same is allowed. Accused Pawan Kumar
Rai is exempted from his appearance for today.
An application for exemption from personal appearance is filed on
behalf of sureties Raj Kumar and Krishan, who are sureties of accused Harmenn
Sabherwal. Arguments are heard. For the reasons stated in the application, the
same is allowed. Sureties Raj Kumar and Krishan are exempted from their
appearance for today.
As per previous orders, warrants of attachment are required to be
issued for attachment salary of surety Shri Krishan, addressed to DDO of MCD, to
the extent of sum of bail bonds. The sum of bail bonds is Rs.1,00,000/-. As per
previous orders, warrants of attachment are also required to be issued for
attachment of salary of surety Raj Kumar. Let warrants of attachment be so
issued.
Process server SI Ajay Moral, who executed the process under
Section 82 CrPC against accused Harmenn Sabherwal is present. His statement
is recorded separately today.
The accused has stopped appearing in this Court. Previous orders
show that the accused is aware of the present proceedings. Yet he has chosen
not to appear. Proclamation has already been issued and executed. Yet the
accused has remained absent. I am satisfied that the accused has been
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concealing himself or absconding deliberately. I pronounce him proclaimed
offender. Let copy of this order alongwith copy of charge-sheet be sent to
proclaimed offender section of Delhi Police for making efforts to trace the
accused.
Sh. Krishan Kumar, Administrative Officer, DEMS, CSPZ, MCD is
present from MCD office. He has placed on record an authority letter. He is
directed to explain, on the next date, whether the earlier warrants of attachment
have been received in the office of MCD and why till date, there has been non-
compliance of the order of attachment. Copy of the previous warrants of
attachment be provided to the Administrative Officer.
Notice sent to DDO, MCD, Executive Engineer (M)-1, Shah. North
Zone is received unserved. Let fresh notice be issued to him for the next date in
terms of order dated 02.07.2024. Copy of order dated 02.07.2024 and copy of this
order be sent with the notice.
Further investigation is stated to be pending.
ACP Hari Singh Yadav submits that he is now the investigating
officer. He submits that he has been assigned the investigation only recently. He
is directed to conclude/carry out investigation expeditiously since the trial of
accused persons cannot make progress till the said investigation remains
pending.
Inter-alia the investigating officer shall look into the following:
1. Why complainants of this case have not been added as accused persons;
2. The entities mentioned in the charge-sheet which allegedly received the ill-
gotten money through the channel of Aarti Education and Health Care Society
and thereby abetted the crime and were complicit therein have not been arrayed
as accused persons. If they have been found to be earlier involved in the acts of
corruption, as is suggested by the charge-sheet, then why separate cases have
not been registered against them for those acts;
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3. The investigation related to Prevention of Corruption Act is stated to be
pending. IO shall report as to whether any further investigation is pending in
respect of persons mentioned in column no.12 of the charge-sheet;
4. Why other beneficiaries of the money in question have not been interrogated
and prosecuted.
Renotify on 30.09.2024.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
13.08.2024
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