RAKESH KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) BY this petition filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter after referred to as 'Cr.P.C.') read with Article 227 of the Constitution of India, the petitioner impugns the order dated 08.03.2013 passed by learned Special Judge (CBI), Dwarka Courts, New Delhi whereby the application dated 15.01.2013 filed on behalf of petitioner was dismissed.

(2.) SHORN off unnecessary details, it is suffice to mention that the petitioner is a former member of the Indian Foreign Services, having retired on superannuation. At the relevant time, the petitioner was on deputation with the Indian Council of Cultural Relations (in short 'ICCR'), as its Director General. The allegations against the petitioner, inter -alia, are that the petitioner, Mr. Rakesh Kumar along with Mr. Madhup Mohta, Ms. Kehkeshan Tyagi and Mohd. Khaliq have been indulged in number of activities by misusing their official position. They were indulged in human trafficking and for that the petitioner has misused the official position, cheated the government and thus, mis - conducted himself for extraneous consideration. To facilitate such trafficking, the idea of empanelment of bogus cultural group 'Mahek Punjab Di' i.e. Bhangra Group with ICCR was established by the petitioner and other co -accused persons in violation of the established rules/ procedure.

(3.) FIR bearing No.RC1(S)/2006/SIU -1 under Section 13(2) read with Sections 13(1)(d) and 13(2) of Prevention of Corruption Act, 1988 and Sections 420/468/471/120B IPC was registered against the petitioner and other co -accused persons.