Order 9

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.58/2023
State v Ct. Surender Kumar & Ors.
FIR No.01/2015
PS Vigilance
03.05.2024
Present : Sh. Girish Giri, Ld. PP for the State.
Dr. Kanwal Sapra, Ld. Advocate for the accused, HC Ashok Kumar
alongwith the said accused.
Sh. Gaurav Sharma, Ld. Advocate for the accused, Ct. Pankaj.
Sh. Vishal Chauhan, Ld. Advocate for the accused, Ct. Surender
alongwith the said accused.
IO, Inspector Shyam Ji Srivastava is present.
The accused, Ct. Pankaj is exempted from appearance, for today
only. The arguments qua framing of charge upon the accused have been heard in
part. During the hearing, the chargesheet filed by the IO has been found to be
faulty. Therefore, the IO has been examined as per Section 165 of the Indian
Evidence Act, 1872. From the examination of the IO as per Section 165 of the
Indian Evidence Act, 1872, it has become clear that in the chargesheet of this
case, the subject video has not been properly identified, the transcript of the
subject video is wrongly dated and that the chitha register/duty roster of PCR van
no. DL1CP8164 (Romeo 44) qua 17.11.2014 has not been collected during
investigation. In my view, all these aspects are required to be brought to the
notice of the senior officers of PS Vigilance. Therefore, it is directed that court
notice shall be issued to the DCP, PS Vigilance, returnable on the next date.
At this stage, Ld. PP for the State has pointed out that the copy of
the DD entry dated 17.11.2014 qua departure of the aforesaid PCR van with the
accused of this case has been filed by the IO, without recording statement of any
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police official, who had supplied the said copy. The said aspect shall also be
brought to the notice of the DCP, PS Vigilance, upon his appearance.
List on 22.05.2024.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue District Courts, New Delhi
03.05.2024
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