ASHUTOSH VERMA Vs. CBI

JUDGEMENT

(1.) By way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') read with Article 226 of the Constitution of India, 1950, the petitioner has assailed impugned order dated 01.11.2013 passed by learned Special Judge (PC Act), CBI-02, Patiala House Courts, New Delhi in CC No.06/2013 arising out of RC No.AC-1-2008-A0001-ACU-1, New Delhi whereby application under Section 207 Cr.P.C. filed by the petitioner was partly allowed to the extent that documents mentioned in D-37 and the statement of witnesses mentioned at serial No.31 to 36 in the list of witnesses be made available to the petitioner. However, the statement of remaining witnesses Nos.(c) (d) and (g) in para 3 and witnesses (a) to (e) in para 4 of the application of the petitioner and three witnesses mentioned in para 6 of application of accused No.3 (Sanjeev Nanda) were declined.

(2.) The factual matrix of the case as set out in the FIR is that the petitioner, Ashutosh Verma the then Deputy Director (Investigation) of Directorate of Income Tax entered into a criminal conspiracy with other co-accused persons for manipulation of the appraisal report of income tax investigation, to show undue favour to the accused No.2 (Suresh Nanda). This was to be done by carrying out the necessary changes in the report and by way of withholding and destroying incriminating evidence which came to his knowledge during investigation before submitting the same to his senior officers. For this, the petitioner demanded and accepted a huge amount of illegal gratification. The intercepted conversation between accused No.4 (Bipin Shah) and the petitioner revealed that on several occasions the accused had discussed about insertion/ deletion/ modification of various facts in the said appraisal report. Thereafter, in February, 2008, the petitioner finalized a deal for the purchase of plot of land measuring 11615 sq. mtr. situated at Morgim Village, Goa from one Pradeep Sahni at a cost of Rs.4.40 crores (Rupees Four crores forty lakhs) through Shri Rajinder Kashyap. In the meantime, the petitioner was arrested while holding a secret meeting with the co-accused persons on 08.03.2008. On completion of investigation a charge-sheet for the offence under Section 120B IPC read with Sections 7, 11 and 12 of the Prevention of Corruption Act (hereinafter referred to as 'PC Act') was filed against the accused persons including the petitioner herein.

(3.) Thereafter, the petitioner moved an application under Section 207 Cr.P.C. for supply of certain missing documents that were not forwarded to the learned Special Judge (PC Act), CBI-02. In the said application, the petitioner had mentioned that during the course of investigation, CBI had recorded statements of nine witnesses named from (a) to (i) in para 3 of the application and also of the Directors of five companies mentioned from (a) to (e) in para 4 of the said application which had not been supplied to the petitioner nor have been placed on record and the same were necessary and desirable for reaching at a just decision. The petitioner had also asked for some documents which are mentioned in the said application. Vide impugned order dated 01.11.2013, learned trial court dismissed the application regarding witnesses (c), (d) & (g) in para 3 and witnesses (a) to (e) in para 4 of the application filed by the petitioner.