Interim Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT11-001288-2025
CC No. 43/2025
FIR No. 08/2021
PS : ACB
State Vs Naresh Kumar, Etc.
27.01.2026
Present : Sh. Ravindra Kumar, Ld. Chief PP for State.
IO/Insp. R.N. Pathak is present.
Heard. File perused.
I have heard Ld. Chief P.P. for the State and perused the
case file including statements of witnesses and FSL reports, etc.
Briefly stated, the facts of the present case are that the
complainant namely Sh. Sunny had approached Anti Corruption Branch
with handwritten complaint dated 30.06.2021 regarding demand of
bribe of Rs.70,000/- for grant of license to deal in sale and purchase of
e-rickshaw. In the said complaint, he alleged that he was doing business
of sale and purchase of e-rickshaw on commission basis and had
applied for license with Transport Department of GNCT of Delhi. In
connection therewith, he had met the officers of concerned department
several times and thereafter, the concerned MLO, Wazirpur Authority
asked him to talk to one private person namely Gulshan (accused no. 3)
and also provided his contact number, on which, he talked with said
accused who asked bribe of Rs.70,000/- for getting his work done on
the pretext that said bribe amount would be paid to the concerned
officers of the department and the entire work would be got done by the
concerned MLO. The complainant paid advance of Rs.10,000/- to him.
Thereafter, accused Gulshan made a call to the complainant and
demanded the balance money, on which he approached the office of
ACB and lodged the said complaint.
On the basis of aforesaid complaint, a trap was laid down
by ACB officials and accused persons namely Naresh Kumar and
Sandeep Kadyan, who were working as Peon and Data Entry Operator
respectively in the office of Transport Authority, Wazirpur were caught
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red handed on 30.06.2021 from the office of Wazirpur Transport
Authority, Delhi, while the complainant had handed over Rs.50,000/- in
the form of 25 GC notes of Rs.2,000/- each denomination coated with
Phenolphthalein Powder to accused Sandeep Kadyan, who in turn
further handed over the said GC notes to accused Naresh Kumar and
ultimately, said GC notes were recovered from his hand. Accordingly,
right hand wash of both the said accused namely Sandeep Kadyan and
Naresh Kumar were taken in colourless solution of Sodium Carbonate,
which turned pink. Accordingly, a case was registered vide FIR No.
08/2021, u/s 7/7A/12 Prevention of Corruption Act and 120B IPC in
P.S. ACB and both the said accused were also arrested on 30.06.2021.
During course of investigation, statement u/s 164 Cr.P.C.
of complainant was got recorded on 10.09.2021; the relevant exhibits of
handwash of both the aforesaid accused were got deposited in FSL,
Rohini, Delhi for examination and after their examination, FSL report
dated 27.08.2021 was received, wherein it was opined that “on
Chemical and TCL examination, exhibits ‘NRHW-I’, ‘SRHW-I’ and
‘SRPPW-I’ were found to contain phenolphthalein and sodium
carbonate”.
During investigation, it was revealed that accused Dinesh
Kumar, who was working as MLO in Wazirpur Transport Authority, had
called accused Naresh Kumar to his office and directed him that as and
when accused Sandeep Kadyan would bring bribe money of
Rs.50,000/-, he (accused Naresh Kumar) should receive it from him. It
further revealed that accused Dinesh Kumar had handed over
concernred file relating to Trade Certificate Application of M/s Sunny e-
rickshaw to accused Sandeep Kadyan and directed him that someone
would come to him in relation with said file and would give bribe
money of Rs.60,000/- and accused Sandeep Kadyan should hand over
the said bribe money to accused/peon Naresh Kumar. It was also
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revealed that there was already approval for issuance of such Trade
Certificate from the Competent Authority and such Trade Certificate
had to be issued from the ID of computer system installed in the office
of accused/MLO Dinesh Kumar, for which there was demand of
Rs.70,000/- as illegal gratification made by him through accused
Gulshan Mahtta. In his statement u/s 164 Cr.P.C., the complainant has
levelled specific allegations against accused Dinesh Kumar regarding
his conspiracy with co-accused persons for pecuniary benefit of bribe
amount of Rs.50,000/- in lieu of issuance of Trade Certificate and also
that it was accused Dinesh Kumar who had provided the mobile number
of accused Gulshan Mahtta to the complainant, with direction that
complainant should meet said accused Gulshan Mahtta and also that
accused Dinesh Kumar was constantly in touch with co-accused
Sandeep Kadyan, as per analysis of CDRs of their mobile connection
numbers collected during investigation.
Accordingly, the prosecution sanctions u/s 19 of PC Act
were accorded by Sanctioning Authorities against accused persons
namely Naresh Kumar, Sandeep Kadyan and Dinesh Kumar. After
completion of investigation present charge sheet was filed before this
court.
In view of the investigation conducted, the statements of
witnesses, more particularly that of complainant Sh. Sunny, FSL report,
prosecution sanctions u/s 19 of PC Act and other material available on
record, I take cognizance of the offences u/s 7/7A/12 of Prevention of
Corruption Act, 1988 read with Section 120B IPC against the accused
persons namely Naresh Kumar, Sandeep Kadyan, Gulshan Mahtta and
Dinesh Kumar.
As per the chargesheet, accused persons namely Naresh
Kumar, Sandeep Kadyan, Gulshan Mahtta are on Court bail, whereas
accused Dinesh Kumar had not been arrested during the course of the
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investigation. Hence, all the said four accused persons be summoned for
the next date of hearing.
List the case for appearance of accused persons on
21.02.2026.
(Vidya Prakash)
Special Judge, PC Act (ACB)-01
RACC, New Delhi.
27.01.2026(a)
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