Interim Order 4

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
Misc. No.499/2024
State v Deepak Chawla
FIR No.8/2022
PS Anti-Corruption Branch
10.12.2024
This is an application seeking permission to travel to Sri Kartarpur Sahib filed
on behalf of applicant / accused Deepak Chawla.
Present : Sh. Manoj Kumar Garg, Ld. PP for State.
Sh. Hrishabh Tiwari, Ld. Counsel for applicant/accused.
Inspector Krishan Kumar is present on behalf of IO ACP Jarnail Singh.
IO ACP Jarnail Singh has not appeared. An application titled
“Report+Request” is received in the Court on behalf of IO seeking exemption from his
personal appearance on the ground that he has to appear before Hon’ble High Court.
From the report which has been received in the Court, it appears that
the FSL examination was also requested more than six months ago. Nothing has
been brought to the notice of the Court to suggest that any investigation in the case is
going on. From the FIR, it is apparent that there are several facets of investigation
that are not dependent on the FSL result but still are hanging fire. If there is effective
supervision of cases at the level of the Anti-Corruption Branch itself, there would not
be situations where cases are portrayed as “pending investigation” and are made to
dawdle, while in fact there is no investigation going on. After some time, as has
become a convention in the Anti-Corruption Branch, the investigating officer will
simply shift the file on to some other officer and that officer will bemoan the
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deficiencies left out and bestowed upon him at a stage where the evidence is
irretrievable. Eventually, the evidence that has been lost and the truth which was
waiting to be brought out will fade into the oblivion. It is therefore, appropriate that
suitable steps are taken at the earliest and only persons with integrity and sincerity
are entrusted files to be taken to fruition.
Let notice be issued to the Joint Commissioner of Anti-Corruption
Branch to look into the causes of delay in investigation. He shall ensure that a
reminder is sent to the FSL for examination of the documents and devices. He shall
also ensure that the investigation is not brought to a grinding halt on the excuse that
an unconnected FSL result is awaited. Copy of this order be sent with notice.
A status report of the investigation be filed on 29.01.2025.
I have heard arguments advanced by Ld. PP for State and Ld. Counsel
for the applicant/accused in respect of the application seeking permission to travel to
Sri Kartarpur Sahib.
Since I have to attend a programme organized by DLSA scheduled for
03:45 pm today (Circular No. 09/CDLSA/RA/Events/2024/1374 dated 07.12.2024),
the case is fixed for orders on the application on 12.12.2024.
(Ashish Aggarwal)
Special Judge (PC Act)(ACB)-02
Rouse Avenue District Courts, New Delhi
10.12.2024
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