Interim Order 3

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.58/2024
State v Sher Singh Paharia
FIR No.24/2014
PS Anti-Corruption Branch
24.09.2024
Present : Sh. Manoj Kumar Garg, Ld. PP for State.
IO Inspector Lakshmi Singh is present.
Submissions are advanced by Ld. Public Prosecutor assisted by IO
Inspector Lakshmi Singh.
The foremost query of this Court is the delay that has been
occasioned in filing of charge-sheet. The FIR was registered in the year 2014.
Charge-sheet has been filed after ten years.
The main witness namely Akshay Singh has expired during the
period when the respective investigating officers retained the file without sending
the case for trial. The delay in completing the investigating has thus dealt a blow
to the exercise of ascertaining the truth by reconstructing events on the basis of
evidence to be tendered by witnesses. The delay in sending the phone for FSL
examination is also unexplained. There are other lapses too and this is not the
only such instance. Inaction on the part of Anti-Corruption Branch seems to be
the only consistency shown by its officers.
Let this order too be sent to the Chief Secretary for his information.
It may be noted here that information of lapses on the part of the Anti-Corruption
Branch has been given to the senior officers of the said branch and also to the
Chief Secretary in scores of other cases too in the hope that some effort is made
to improve the working of the branch and to instill some discipline and
accountability. If the same state of affairs continues, then too, this Court cannot
take over administrative controls and will then be left with no option but to
proceed on the basis of material that is on the record even though the true facts
may remain obscured and elusive.
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At this stage, the IO submits that she needs some more time to
advance further submissions. At her request, the case is adjourned to
27.11.2024.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
24.09.2024
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