Interim Order 10

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 by: Jay Thareja, DHJS
CC No.55/2023
State v Devender Kumar & Anr.
FIR No.55/2014
PS AntiCorruption Branch
12.04.2024
Present : None for the State.
IO, Inspector Ranvir Singh in person.
1. The IO, Inspector Ranvir Singh has explained the chargesheet filed
against the accused, Sh. Devender Kumar and Sh. Subhash Sharma.
2. In the chargesheet, it has been alleged by the State that the
accused, Sh. Devender Kumar (the then Head Warden, Jail No.3, Tihar Jail,
Delhi) and Sh. Subhash Sharma (the then Deputy Superintendent, Tihar Jail,
Delhi) are liable to be prosecuted and convicted qua the offences punishable
under Section 7 and Section 13(1)(d)/13(2) of the Prevention of Corruption Act,
1988 (henceforth 'PC Act, 1988') read with Section 34/120B of the Indian Penal
Code, 1860 (henceforth 'IPC, 1860') because their sting videos dated 28.05.2013,
29.05.2013 and 31.05.2013, shot by Sh. Deepak Tyagi and Sh. Virender
Vashisht, reporters of News Nation Network Pvt. Ltd. (which have been found to
be genuine by FSL, Rohini, Delhi vide report dated 20.08.2015), reflect that in
pursuance of the common intention shared by both the said accused or in
pursuance of the criminal conspiracy hatched by both the said accused, the
accused, Sh. Devender Kumar had taken bribe of Rs.20,000/ from Sh. Deepak
Tyagi, on 29.05.2013, in the presence of Sh. Virender Vashisht, on the pretext of
helping an inmate in Jail No.3, Tihar Jail, Delhi; because during the investigation
of this case, Sh. Deepak Tyagi and Sh. Virender Vashisht have supported the
contents of the subject sting videos dated 28.05.2013, 29.05.2013 and
31.05.2013; because during investigation of this case, the FSL, Rohini, Delhi has
submitted a report dated 11.03.2021, confirming that the voice of the accused,
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Sh. Devender Kumar and Sh. Subhash Sharma can be heard in the subject sting
videos dated 28.05.2013, 29.05.2013 and 31.05.2013; because the sanction
under Section 19 of the PC Act, 1988 qua the accused, Sh. Devender Kumar has
been granted by the competent authority viz. Sh. Sandeep Goel, Director General
(Prison), Delhi and because the sanction under Section 19 of the PC Act, 1988
qua the accused, Sh. Subhash Sharma has been granted by the competent
authority viz. Sh. Naresh Kumar, Chief Secretary, Government of NCT of Delhi.
3. In order to verify the aforesaid allegations of the State, I have inter
alia perused/seen (a) the complaint dated 11.10.2013 made by Sh. Dinesh
Gandhi, OfficerInCharge (Vigilance), Prison Headquarter, Tihar, New Delhi, (b)
the transcripts of the subject videos as well as the subject videos, (c) the reports
dated 20.08.2015 and 11.03.2021 of FSL, Rohini, Delhi (d) the statements under
Section 161 of CrPC, 1973 of Sh. Deepak Tyagi and Sh. Virender Vashisht, (e)
the sanction order dated 25.07.2022, passed by Sh. Sandeep Goel, Director
General (Prison), Delhi qua the accused, Sh. Devender Kumar and (f) the
sanction order dated 15.05.2023, passed by Sh. Naresh Kumar, Chief Secretary,
Government of NCT of Delhi.
4. Upon perusal of the abovenoted material, I am satisfied that this
case is ripe for proceeding against the accused, Sh. Devender Kumar and Sh.
Subhash Sharma under Section 7 and Section 13(1)(d)/13(2) of the PC Act, 1988
read with Section 34/120B of the IPC, 1860.
5. Accordingly, in exercise of the power available under Section 190(b)
of CrPC, 1973, the cognizance of the abovenoted offences is taken and it is
directed that summons shall be issued against the accused, Sh. Devender Kumar
and Sh. Subhash Sharma (who have been chargesheeted without arrest by the
State), returnable on 10.05.2024.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue District Courts, New Delhi
12.04.2024
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