Interim 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.52/2023
State v Deepainder Kumar & Anr.
FIR No.03/2012
PS Anti-Corruption Branch
03.09.2024
Present : Sh. Gyan Prakash, Ld. Substitute PP for State.
Sh. Dhruv Pratap Singh, Proxy Counsel for accused Deepainder
Kumar alongwith the said accused.
Accused Dinesh Jain is absent.
Retired IO ACP Subodh is present.
Ld. Counsel for accused Deepainder Kumar submits that
proceedings are still pending before the Hon’ble High Court of Delhi and that the
case may be adjourned to a date after the date of hearing before the Hon’ble
High Court of Delhi.
I find from the record that copies of orders of the case pending
before the Hon’ble High Court of Delhi {WP (Crl.) No. 1672/2023}, are not on the
file.
I have checked the orders of this aforesaid case from the official
website of the Hon’ble High Court of Delhi. I find that by order dated 14.08.2024,
the Hon’ble High Court of Delhi declined the request of the said accused to have
the present proceedings deferred. In essence, the interim order passed earlier
has been vacated. Yet, Ld. Counsel for accused has withheld this fact and has
prayed for deferring of proceedings in line with the request made on previous
dates. The conduct of the counsel is deprecated.
The case shall now proceed further. I find from the record that the
investigating officer has tried to protect accused Dinesh Jain from prosecution by
placing his name in column no. 12. A specific role has been assigned to the said
accused in the complaint/FIR and there is no material to controvert this. Yet, he
being placed in column no. 12 does not only reflect on the investigating officer
and his probity, but also gross negligence and indifference on the part of his
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supervisory officers.
The abovenamed accused has, however, been summoned vide
order dated 13.10.2023 passed by Ld. Predecessor of this Court.
The conduct of the erring officers must be looked into by the Joint
Commissioner of Anti-Corruption Branch. Copy of this order be sent to him.
Accused Dinesh Jain has not appeared despite repeated calls since
morning. His counsel is also absent. Let bailable warrants in the sum of
Rs.15,000/- be issued against him returnable on the next date.
Renotify on 19.11.2024.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
03.09.2024
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