RAVINDER CHADDHA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The petitioner, by way of the present petition filed under Articles 226 and 227 of the Constitution of India as well as under Section 482 of the Code of Criminal Procedure,1973 has sought setting aside of the order dated 19th July, 2010 passed by the learned Special Judge in a corruption case arising out of FIR No. 34/2008 registered by the Anti- Corruption Branch against the petitioner, who is a practicing advocate, and three police officials for their having entered into a criminal conspiracy to extort lacs of rupees from one Abhinav Kishan Aggarwal, the complainant of the present case whose father had been arrested by the accused police officials in a murder case arising out of FIR No.356/2007 registered at Hauz Qazi police station, for showing favour to his father in that murder case by taking a soft stand on behalf of the investigating agency and to help him to get bail easily. The allegation against the petitioner herein was that he had been engaged by the complainant as a counsel for his father on the recommendation of one of the accused police official K.G.Tyagi so that he could act as a conduit for the recovery of the bribe money from the said complainant and which role he(the petitioner) did play as per the case of the prosecution.

(2.) Upon completion of the investigation charge-sheet under Sections 7/8/13(1)(a)(d) read with 13(2) of the Prevention of Corruption Act,1988(in short the Act of 1988) and Sections 384/120-B/34 IPC was submitted in the Court of the Special Judge constituted under the Act of 1988 to try corruption cases, against three police officials and the present petitioner. The charge sheet was registered as Corruption Case No.111/09.

(3.) Upon receipt of the charge-sheet the learned Special Judge had passed the following order on 22/04/2009:-