Interim Order 6

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.48/2024
State v A. V. Premnath & Anr.
FIR No.07/2023
PS Anti-Corruption Branch
14.01.2025
Present : Sh. Manoj Kumar Garg, Ld. Public Prosecutor for State.
IO ACP Jarnail Singh is present.
Arguments are heard. The charge-sheet is perused.
As per the charge-sheet, one Smt. G. Devaki Devi W/o Dr. M. Srihari,
R/o H. No.1/444, Sector 1, Vasundhara Ghaziabad had filed a complaint against
accused A. V. Premnath with the allegation that accused A. V. Premnath along with
his family members had amassed huge wealth and assets disproportionate to the
known sources of his income. It was alleged that accused A. V. Premnath had also
acquired properties at various places in the country by Benami transactions in names
of his family members and relatives.
The said complaint was received in Anti-Corruption Branch on
17.12.2019. Preliminary inquiry was initiated on the said complaint. On concluding the
inquiry, the present FIR No. 7/2023 was registered.
The charge-sheet states that the total income of both accused persons
named in the charge-sheet was found to be Rs.2,35,47,826/-.
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It is further mentioned in the charge-sheet that as per the analysis of the
sale deeds and other documents, the value of the properties is Rs.17,46,18,190/-.
It has been alleged in the charge-sheet that several notices were given
to the accused for taking their versions but they kept evading on one pretext or
another. In absence of expenditure details of accused persons, as per the charge-
sheet, the total household and other expenditure was taken as 40% of total income of
the individual. In the present case, 40% of total income of accused persons is stated
to amount to Rs.94,20,000/- approx. As per the charge-sheet, the savings were
Rs.1,41,27,826/-.
According to the charge-sheet, accused A. V. Premnath in connivance
with accused Asha Premnath @ Asha Yadav has accumulated disproportionate
assets to the tune of Rs.16,04,90,364/-.
The charge-sheet has been filed along with letters showing earnings of
the accused, letters regarding value of properties and other documents. Since
accused A. V. Premnath was a public servant, sanction was obtained under Section
19 of the PC Act. The sanction order is on record.
The documents on record prima facie show that the accused persons
committed offences punishable under Section 13(1)(e) read with section 13(2) of the
Prevention of Corruption Act {the provision as it stood prior to 26.07.2018 when the
Prevention of Corruption (Amendment) Act, 2018 came into force} and Section 120B
of IPC.
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I take cognizance of the said offences as per Section 190(1)(b) of Code of
Criminal Procedure, 1973. There is sufficient material to proceed against the accused
persons.
Issue summons to accused persons A.V. Premnath and Asha Premnath
@ Asha Yadav returnable on 20.03.2025.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
14.01.2025
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