V. K. VERMA Vs. CBI

JUDGEMENT

(1.) The instant revision petition has been filed under Sec. 397 read with Sec. 401 and Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the "Code") seeking setting aside of order on charge dtd. 24/7/2017 passed by the Ld. Special Judge, CBI Court, Patiala House in CC No. 01/2013 and for quashing criminal proceedings against the petitioner. Vide the impugned order, the petitioner has been charged under Sec. 420 and Sec. 120-B of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") read with Sec. 13(1)(d) and Sec. 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "PC Act").

(2.) The brief facts of the instant case, as alleged in the FIR, are that V.K. Verma, the then DG, Organizing Committee (OC), Commonwealth Games, 2010 and other officers of the OC entered into a criminal conspiracy with Suresh Kumar Seenghal, Director of M/s. Premier Brands Pvt. Ltd. (PBPL), with Chairman, M/s. Compact Disc India Ltd. and others. The OC officers scrapped the process of initial Request for Proposal (RFP) on flimsy grounds after receipt of the proposal of PBPL, to extend undue favour to PBPL by appointing the said company as Official Master Licensee for Merchandising and Online and Retail Concessionaire for Commonwealth Games, 2010 (CWG) against a minimum royalty amount of Rs.7.05 crores. PBPL, however, after earning a huge amount from the CWG band properties did not pay anything to the OC and the cheque amounting Rs.

(3.) 525 Crores were dishonoured by the Bank on instructions from PBPL, which caused pecuniary advantage to Suresh Kumar Seenghal and PBPL and corresponding loss to the Govt. Exchequer. 3.After completion of investigation, a charge sheet was filed on 24/1/2013 under Sec. 120B read with 420 of IPC and Sec. 13(2) read with sec. 13(1)(d) of PC Act, 1988 upon which the Ld. Trial Court took cognizance and ordered charge under Sec. 228 of Code against the petitioners and all other accused persons under Sec. 120B of IPC read with Sec. 13(1)(d) read with Sec. 13(2) of P.C. Act, 1988 and Sec. 420 of IPC after the final report.