Interim Order 5

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 Sudesh Kumar & Ors.
FIR No.55/2014
PS AntiCorruption Branch
06.12.2023
Present : Sh. Kumar Sanjay, Ld. PP for the State.
IO Inspector Ranvir Singh.
1. In pursuance of the last order, the IO has brought the copies of the
subject video files, from his record. Also, the IO has brought a chart, containing
the date of the videos and the accused that can be seen therein.
2. Some of the video files have been seen from 10:00 am to 10:55 am.
Upon seeing the videos and upon perusing the chargesheet, it has been found
that all the 7 accused of this case, were not acting in tandem, only few of them
were acting in tandem and few of them, were acting solo. Also, it has been found
that the allegations against the 7 accused of this case, are of different dates and
of different places. Lastly, it has been found that if the trial of all the 7 accused of
this case, will be done together, it will cause confusion and complexity.
3. In the aforesaid state of affairs, the IO is directed to file 4 separate
chargesheets viz. (a) chargesheet 1 against the accused, HC Devender Kumar
and the Deputy Superintendent, Sh. Subhash Chand, who can be seen in the
videos dated 28.05.2013, 29.05.2013 and 31.05.2023 and who primafacie
appear to have been acting together; (b) chargesheet 2 against the accused, Sh.
Sudesh (driver) who can seen in separate videos dated 29.05.2013 and
01.06.2013 and who appears to have been acting solo;1 (c) chargesheet 3
1 Upon specific inquiry, the IO has confirmed the said fact.
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against the accused, Ms. Kavita, who can seen in the separate videos dated
31.05.2013 and 03.06.2013 and who appears to have been acting solo and (d)
chargesheet 4 against the accused, Sh. Sushil (DEO), Sh. Mohit Panwar (DEO)
and Sh. Deepak Raj (DEO), who can be seen in separate videos dated
29.05.2013, 03.06.2013 and 06.06.2013 and who appear to have been acting
together.
4. Further, the IO is directed to treat the first chargesheet as the lead
chargesheet and place all the originals in it. The remaining three chargesheets
will only have photocopies of the originals. At request of the IO, it is specified that
he is not required to draft fresh column no.16 in each chargesheet and he can
use the existing one in all the chargesheets.
5. Lastly, the IO is directed to ensure that each chargesheet, will have
a list of witnesses, which pertain to the accused of that chargesheet.
6. The Ahlmad is directed to return the original chargesheet to the IO,
for complying with this order, after keeping on record, a photocopy.
7. List for report regarding compliance of this order by the IO, on
03.02.2024.
8. Copy of this order shall be given dasti to the IO.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue District Courts, New Delhi
06.12.2023
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