Order 12

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
IA No. 3/2024, IA No. 4/2024, IA No. 5/2024
28.11.2024
Present : Sh. Manoj Kumar Garg, Ld. PP for State.
Sh. Sandeep Sharma and Sh. Abhishek Kaushik, Ld. Counsel for
complainant Sh. Sunil Kaushik.
Sh. Rohit Shukla, Ld. Counsel for complainant Shree Ram Verma.
Sh. D. K. Pandey, Ld. Counsel for accused Pawan Kumar Rai
alongwith the said accused.
Accused Umesh Batra is present.
Sh. Manish Kumar, Ld. counsel for accused Trilok Singh, alongwith
the said accused.
Sh. Gaurav Prakash, Ld. Counsel for accused Govind Tulshyan.
Accused Govind Tulshyan appearing through VC.
Sh. Prashant Kumar, Ld. Counsel for accused Mrityunjoy Roy along
with the said accused.
Sh. Deepak Kumar Gupta, Ld. Counsel for accused Vinod Sharma
along with the said accused.
Accused Diprana Tiwari is present.
Insp. Rajinder Kumar, Section-2, EOW.
Sh. Harshit Chopra, Ld Counsel for MCD.
Accused Harmenn Sabherwal is PO.
Accused person Mrityunjay Roy has filed an application for cancellation of warrants
issued against him. A similar application filed on behalf of accused Diprana Tiwari is
pending. Arguments are heard in respect of both applications. For the reasons stated in
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the applications, the same are allowed. Warrants against the said accused persons are
cancelled.
On 13.08.2024, this Court had passed certain directions for the IO to comply with.
IO is not present in the Court. However, a status report has been sent to this Court which
is signed by DCP, EOW. It is stated in the report that further investigation is being
undertaken and will be completed shortly.
Since more time has been sought for further investigation, the said request is
allowed. However, on the next date of hearing, the IO shall explain as to what all steps
have been taken for compliance of order dated 13.08.2024.
On behalf of Commissioner of MCD, an application for recall of order dated
30.09.2024 is filed. By the said order, the salary of the Commissioner of MCD for one
month was ordered to be attached. It is stated in the application that the orders of the
Court were not brought to the knowledge of the Commissioner of MCD and for that
reason, the Commissioner of MCD was unable to comply with the said orders and was
unable to attach the salaries of the concerned employees. A detailed explanation
regarding the said inability has been furnished. It is also argued in support of the
application that one of the employees namely, Raj Kumar has not been reporting to duty
for over four months and for that reason, no salary is being disbursed, due to which there
is no money available with the Corporation which could be attached and remitted to this
Court. As regards the other employee namely Krishan, a part of his salary has been
attached and has been sent to this Court. It has been assured that from month to month,
the portion admissible from his salary which can be attached and sent to the Court will be
so sent. The said assurance is taken on record. The application for recall of order dated
30.09.2024 filed by the Commissioner of MCD is allowed. The warrant of attachment
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issued in terms of order dated 30.09.2024 are hereby withdrawn. Copy of this order be
sent to the DDO of MCD for information.
Another application filed on 23.11.2024 on behalf of DC of Shahdara North Zone
and DC of City SP Zone seeking a similar relief is pending. The application is disposed off
as having become infructuous.
In as much as it has been apprised that employee namely Krishan has not been
reporting to duty for four months, the Deputy Commissioner of MCD is directed to look
into the aspect as to whether any departmental action has been taken against him.
A cheque bearing no. 010888 for Rs.40,000/- and another cheque bearing no.
010871 for Rs.9,000/- have been remitted to the Court. The same shall be deposited in
the Treasury.
Re-notifed on 29.01.2025.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
28.11.2024
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