RAJEEV JHAWAR Vs. DIRECTORATE OF ENFORCEMENT

JUDGEMENT

(1.) The present application has been preferred on behalf of the applicant Rajeev Jhawar under Sec. 482 of the Code of Criminal Procedure, 1973 ( Cr.P.C. ) seeking quashing and setting aside of impugned order dtd. 2/2/2024 passed by the learned Special Judge, CBI-19 (PC Act), Rouse Avenue Courts, New Delhi ( 'Trial Court ) in Complaint Case No. 08/2023, arising out of ECIR/DLZO-I/24/2022, titled as 'Enforcement Directorate vs NMP Sinha and Ors. issuing Non-Bailable Warrants ( NBW ) against the petitioner and proceedings thereafter.

(2.) On 2/10/2020, the Central Bureau of Investigation ( 'CBI ) had registered RC AC-1/2020/A0004, at CBI/AC-I, New Delhi under Ss. 7-A/8/9/10/12 of Prevention of Corruption Act, 1988 ( 'PC Act ). This was registered pursuant to receipt of an information that Sh. N.M.P. Sinha i.e. Ex. SP, CBI, New Delhi, in conspiracy with Sh. Vinay Jalan, Sh. Parth Jalan, Sh. Rajiv Jhawar (present applicant) i.e. M.D. of M/s. Usha Martin Ltd., Sh. Raj Kumar Kapoor i.e. Authorized Signatory of M/s. Usha Martin Ltd., and other unknown persons, was trying to influence the investigation of the case of CBI registered vide RC17(E)/2016 dtd. 20/9/2016 under Sec. 13(2) read with Sec. 13(1)(d) of PC Act and Sec. 420/120B of Indian Penal Code, 1860 ( IPC ), by EO-II Branch, New Delhi against I.D. Paswan, the then Director (Mines), Govt. of Jharkhand, M/s. Usha Martin Ltd. and other unknown persons. The allegations were that Sh. N.M.P. Sinha was the Supervisory Officer of the aforesaid case before his retirement on 31/8/2020, and Sh. Raj Kumar Kapoor was representing M/s. Usha Martin Ltd. on behalf of Sh. Rajiv Jhawar. As alleged, they were actively pursuing the case through Sh. Vinay Jalan who had assured them that he will get the investigation moulded in their favour through his contacts in CBI. On 23/9/2020, Sh. N.M.P. Sinha had met Sh. Vinay Jalan at hotel ITC Maurya, New Delhi for three-four hours and in his presence, Sh. Vinay Jalan had asked his son Parth Jalan to prepare a reply to the summons issued by CBI to M/s. Usha Martin Ltd. and asked him to meet Sh. N.M.P. Sinha on his next visit to New Delhi. Sh. N.M.P. Sinha also had a conversation with Sh. Parth Jalan. It was informed to CBI that Sh. Vinay Jalan will deliver a bribe of Rs.20.00 lakhs to Sh. N.M.P. Sinha to get the work done.

(3.) During investigation, a trap was laid and the accused persons namely Sh. N.M.P. Sinha and Sh. Vinay Kumar Jalan were arrested and an amount of Rs.25,00,000.00 and Rs.5,12,000.00 was recovered respectively from their possession. After completion of investigation, chargesheet was filed on 1/12/2020 against the accused persons namely (1) Nripendra Mohan Prasad Sinha @ N.M. P. Sinha, (2) Vinay Kumar Jalan, (3) Rajiv Jhawar, (4) Raj Kumar Kapoor, (5) M/s. Usha Martin Ltd. and (6) Hemant Joshi, under Ss. 120B of IPC read with Ss. 7/7A/8/9/10/12 of PC Act and substantive offences under Sec. 9 and 12 of PC Act.