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.49/2024
State v Ishwar Pal Singh & Ors.
FIR No.26/2010
PS Anti-Corruption Branch
14.02.2025
Present : Sh. Vikash Kumar, Ld. PP for State.
Sh. Sahil Aeron, Ld. Counsel for MCD.
IO Inspector Lakshmi is present.
Status report is filed by MCD. It is taken on record. As per the status
report, the complaint purportedly filed by complainant Shakil Ahmed could not be
traced. Investigating Officer submits that Shakil Ahmed has since passed away. It
appears that the relevant information could not be collected in time (when the
complainant was alive) by the Investigating Officer who was investigating the offence
at the initial stage. In the result, information relating to the complaint submitted to
MCD seems to have become irretrievable by MCD itself. That being so, MCD is
discharged from the case.
This Court has already noticed certain flaws and deficiencies in
investigation by order dated 09.10.2024. In my opinion, the charge-sheet cannot be
accepted in the present form and with half-baked investigation. Reference is made to
the decision of Hon’ble Supreme Court in the case of State through Central Bureau of
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Investigation vs Hemendhra Reddy & Ors. Criminal Appeal No. 1300-1308 of 2003
decided on 28.04.2023. The case is referred for further investigation. Let investigation
be carried out expeditiously. Status report be filed on 15.04.2025.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
14.02.2025
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