Order 13

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. 55/2023
State v Devender Kumar & Anr.
FIR No. 55/2014
PS Anti Corruption Branch
09.08.2024
Present : Sh. Girish Giri, Ld. PP for State.
Accused Devender Kumar is present.
IO Inspector Ranvir Singh is present.
In this case, there are four separate charge-sheets under the same
FIR pursuant to order dated 06.12.2023. In the present charge-sheet, there are
two accused persons namely, Devender Kumar and Subhash Sharma.
Proceedings against accused Subhash Sharma have been quashed
by Hon’ble High Court of Delhi vide order dated 16.05.2024.
Ld. PP for State submits that the IO needs to be directed to
ascertain whether order dated 16.05.2024 passed in Crl. M.C. 450/2017 is under
challenge before the Hon’ble Supreme Court. He submits that there have been
occasions where orders have been challenged and set aside by Hon’ble Supreme
Court but because the order of Hon’ble Supreme Court does not reach the Trial
Court, the trial against the accused never commences. He further submits that the
order dated 16.05.2024 is restricted to accused Subhash Sharma alone and the
trial has to proceed against accused Devender Kumar. This is not disputed by
accused Devender Kumar.
In view of the aforesaid submissions, IO shall inform this Court on
the next date as to whether the order dated 16.05.2024 has been challenged
before the Hon’ble Supreme Court.
In the meantime, proceedings need to continue against accused
Devender Kumar.
-- 1 of 2 --
Accused Devender Kumar states that he will ask his surety to
comply with order dated 10.05.2024 with regard to production of copy of Pension
Pay Order.
Accused Devender Kumar submits that he has received complete
copy of charge-sheet and documents and that he is satisfied with the copies
provided to him.
The scrutiny of documents stands completed.
That being so, the case shall now be taken up for arguments on
charge with regard to accused Devender Kumar, on 23.09.2024.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
09.08.2024
-- 2 of 2 --