VINOD KUMAR KILA Vs. C B I

JUDGEMENT

(1.) The petition has been filed under Sec. 482 Cr.P.C. challenging the order on charge dtd. 6/5/2016 and framing of charge dtd. 14/5/2016 by the learned Special Judge-03 (PC Act), CBI, Patiala House Courts against the petitioner under Sec. 109 Indian Penal Code (for short IPC) read with Sec. 13(2), 13(1)(e) of the Prevention of Corruption Act,1988 (for short PC Act).

(2.) It may be noted at the outset that the CBI registered an FIR no. 4/2008 against Arvind Kumar, Chief Engineer, Bangalore Metro Rail Corporation, under Sec. 13(2) read with 13(1)(e) of the PC Act read with Sec. 109 IPC, being a public servant, found to be in possession of assets beyond the disclosed source of income. The FIR was also filed against his wife and several others, of whom the petitioner is one.

(3.) According to Mr. R.K. Handoo, learned counsel for the petitioner, the petitioner was not named in the FIR. However, when the chargesheet was filed against Arvind Kumar and his wife Smt. Indu Kumar and others, the petitioner was also arraigned as an accused namely accused No.8. Learned counsel submitted that the Special Judge took cognizance and summoned all the accused including the petitioner. Learned counsel for the petitioner submitted that the learned Trial Court had erred in framing charge against the petitioner, in the absence of any evidence against him raising grave suspicion of his having conspired in the commission of the offence by the public servant.