Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT11-000303-2024
CC No. 29/2024
FIR No. 12/2015
PS : ACB
State Vs Kedar Nath Roy & Anr.
21.05.2024
Present : Sh. Girish Giri, ld. Substitute Addl. P.P. for the State.
Ahlmad reported that as per list of documents, the
charge-sheet is complete.
I have heard ld. Addl. P.P. for the State and perused the
case file including statements of witnesses and FSL reports.
Briefly stated facts of the case are that on 21.04.2015 a
complaint of Raju Kashyap regarding demand and acceptance of bribe by
two Labour Inspectors namely Kedar Nath Roy and Sanjeev Kumar
Yadav was received at Anti Corruption Branch vide entry no. 3051,
alleging therein that on 27.08.2014 Kedar Nath Roy and Sanjeev Kumar
Yadav visited his office i.e. Raju Enterprises, A-89, Adhyapak Nagar,
Nangloi, Delhi, and introduced themselves as Labour Inspector to his
employee Gaurav Sharma and demanded a sum of Rs. 5000/- and
threatened to issue a notice and raid against them and also to implicate
him in false case. They made the demand of Rs. 5000/- from him from
the mobile phone of Gaurav Sharma, who called on the mobile phone of
the complainant. It is also alleged that under threat and pressure of both
the accused persons, Rs. 5,000/- in cash were paid by Gaurav Sharma
upon instructions of complainant to accused Kedar Nath Roy. Accused
Kedar Nath Roy had given Rs. 2500/- from the bribe money of Rs.
5000/- to accused Sanjeev Kumar Yadav in the presence of his
supervisor Gaurav Sharma at the spot. Complainant also produced audio
recording of conversation that took place with them over cell phone with
one of the accused persons i.e. Kedar Nath Roy and Sh. Gaurav Sharma
(Supervisor of Raju Enterprises) and him wherein accused Kedar Nath
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Roy demanded an amount of Rs. 5000/- as bribe in lieu of allowing
smooth functioning of the firm namely Raju Enterprises. On the basis of
said complaint, present case FIR was registered and investigation
conducted. Sanction for prosecution u/s 19 of POC Act was obtained
against accused Kedar Nath Roy and Sanjeev Kumar Yadav.
In view of the investigation conducted, statements of
witnesses, FSL reports, sanction u/s 19 of POC Act and material
available on record, I take cognizance of the offence u/s 7 of Prevention
of Corruption Act, 1988 against the accused Kedar Nath Roy and
Sanjeev Kumar Yadav. As per charge-sheet, both the accused persons
were not arrested in this case.
Accused Kedar Nath Roy and Sanjeev Kumar Yadav be
summoned for the next date of hearing.
List the case for appearance of accused on 25.07.2024.
( Deepali Sharma )
Special Judge, PC Act(ACB-01)
RADC, New Delhi.
21.05.2024
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