Full Order Text
Order 3 · 13 Oct 2023 · CNR DLCT110005842023
Order Details: COPY OF JUDICIAL PROCEEDINGS Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)02, ROUSE AVENUE COURTS, DELHI Presided by: Jay Thareja, DHJS CC No.52/2023 State v Deepainder Kumar FIR No.03/2012 PS AntiCorruption Branch 13.10.2023 Present : Sh. Kumar Sanjay, Ld. PP for the State. IO ACP Subodh in person. 1. With the assistance of the IO, the chargesheet has been perused. Upon inquiry, the IO has submitted that the voice sample of Sh. Dinesh Jain, who has been placed in column no.12 as a suspect, which was taken on 19.01.2023, has been sent to FSL, Delhi, on 24.03.2023 and the result of FSL, Delhi, is awaited. 2. Also, upon inquiry, the IO has submitted that he has placed Sh. Dinesh Jain in column no.12 as a suspect because initially, the complainant, Sh. Joginder Singh had not made any complaint against Sh. Dinesh Jain and because in his view, the subsequent complaint made by the complainant, on 06.02.2012 (available at pages no.271 to 274 of the chargesheet) as well as the transcripts (available at pages no.46 to 49 of the chargesheet), do not reflect active complicity of Sh. Dinesh Jain in the offences committed against the complainant, Sh. Joginder Singh. 3. The submissions made by the IO are noted. In view of the complaints of the complainant, Sh. Joginder Singh, the statements made by the complainant, Sh. Joginder Singh, the punch witness, Sh. Kalu Ram Meena, the raiding officer, Inspector Yashpal as well as the other witnesses of the State under Section 161 of CrPC, 1973 and in view of the other evidence mentioned in the chargesheet, the cognizance of the offences punishable under Section 7 and -- 1 of 2 -- 13 of the Prevention of Corruption Act, 1988 as well as the offences punishable under Section 384/120B/34 of IPC, 1860 is taken as per Section 190(b) of CrPC, 1973. 4. The conclusion of the IO that at present, sufficient evidence does not exist to proceed against Sh. Dinesh Jain is rejected because the transcripts (available at pages no.46 to 49 of the chargesheet) as well as the complaint made by the complainant, on 06.02.2012 (available at pages no.271 to 274 of the chargesheet), clearly reflects that Sh. Dinesh Jain was equally involved in the offences committed against the complainant, Sh. Joginder Singh. 5. Let the both the accused, Sh. Deepainder Kumar and Sh. Dinesh Jain be summoned through the IO/SHO, PS ACB, for the next date. Also, notice shall be issued to the surety of the accused, Sh. Deepainder Kumar, for the next date. 6. List on 07.11.2023. (JAY THAREJA) Special Judge (PC Act)(ACB)02 Rouse Avenue Courts, Delhi 13.10.2023 -- 2 of 2 --