Interim Order 1

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………../2024
State v Raj Singh & Ors.
FIR No.05/2023
PS Anti-Corruption Branch
08.11.2024
Fresh charge-sheet received by way of assignment, from the Office of Ld.
Principal District & Sessions Judge-cum-Special Judge, PC Act, CBI, Rouse
Avenue District Courts, New Delhi. It be checked and registered, as per rules.
Present : Sh. Manoj Kumar Garg, Ld. PP for State.
Sh. Kartik Jain, Ld. Counsel for accused persons Raj Singh, Narender
Kumar Saini, Mukesh Kumar Saini and Manoj Goyal.
Sh. Rahul Aggarwal, Ld. Counsel for accused Surjeet Singh.
Sh. Shubh Goyal, Ld. Counsel for accused Lalit Kumar.
Accused persons Raj Singh, Narender Kumar Saini, Mukesh Kumar
Saini, Manoj Goyal, Surjeet Singh and Lalit Kumar are produced from
JC.
IO ACP Jarnail Singh is present.
1. The charge-sheet and documents are perused. The charge-sheet is
accompanied by complaint no. F.4(380)/Vig,/DTT/2021/1326 dated
27.09.2021, FIR, approval under Section 17A of the Prevention of Corruption,
1988, notices under Sections 91 and 92 of Code of Criminal Procedure, 1973,
seizure memos, documents furnished by banks and other entities and
statements under Section 161 of Code of Criminal Procedure, 1973.
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2. On the basis of the above material, I am satisfied that the case is fit for
proceeding against the following accused persons:
a. Raj Singh
b. Narender Kumar Saini
c. Mukesh Kumar Saini
d. Manoj Goyal
e. Surjeet Singh
f. Lalit Kumar
g. Vishal Kumar
h. Manoj Kumar,
for offences punishable under Sections 7, 12, 13(2) of Prevention of Corruption
Act, 1988, Sections 419/420, 467/468/469/471, 511 read with Section 34, and
Section 120B of Indian Penal Code, 1860. Accordingly, in exercise of power
under Section 190(1)(b) of Code of Criminal Procedure, 1973, cognizance of
the aforesaid offences is taken against the following accused persons:
a. Raj Singh
b. Narender Kumar Saini
c. Mukesh Kumar Saini
d. Manoj Goyal
e. Surjeet Singh
f. Lalit Kumar
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g. Vishal Kumar
h. Manoj Kumar.
All the abovenamed accused persons are liable to be summoned.
3. Accused persons Raj Singh, Narender Kumar Saini, Mukesh Kumar Saini,
Manoj Goyal, Surjeet Singh and Lalit Kumar are present in Court having been
produced from judicial custody. Let copy of charge-sheet and documents be
provided to them. The case shall be taken up for scrutiny of documents qua
the abovenamed accused persons on 30.01.2025.
4. Let production warrants be issued for production of accused persons Vishal
Kumar and Manoj Kumar returnable on 30.01.2025.
5. Since the facts of the case may give rise to offences under the GST Act and
the said offences have not been investigated in the present FIR, it is directed
that copy of charge-sheet and documents be also sent to the Directorate
General of GST Intelligence for its information and so that it may, if deemed fit,
initiate proceedings under Section 67 of the Central Goods and Services Tax
Act 2017, against those who have committed offences under the Act including
officers of GST Department. It is made clear that in case investigation is
undertaken by the Directorate General of GST Intelligence, it shall not feel
inhibited by the findings of the investigating officer in the present case. The
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said Directorate shall undertake a comprehensive investigation covering all
instances of fradulent claims including those that were disclosed have been
withheld (not reported for reasons best known to them) by the Department of
Trade and Taxes.
6. Since the facts set out in the charge-sheet suggest that offences under the
Prevention of Money Laundering Act have been committed, it is also directed
that a copy of the charge-sheet and documents be sent to the Enforcement
Directorate for its information and so that it may investigate offences under the
said Act if it so desires.
7. Renotify on 30.01.2025.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
08.11.2024
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