SWATI MALIWAL Vs. STATE

JUDGEMENT

(1.) The present petitions are filed under Sec. 397 read with Sec. 482 of the Code of Criminal Procedure, 1973 ('CrPC'), challenging the order on charge dtd. 8/12/2022 (hereafter 'impugned order'), in CC No. 107/2019 arising out of FIR No. 15/2016, registered at ACB, whereby the learned Trial Court had directed for charges to be framed against the accused persons for the offences under Sec. 120B of the Indian Penal Code, 1860 ('IPC') read with Ss. 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 ('PC Act') as well as for the substantial offence under Sec. 13(2) read with Sec. 13(1)(d)(ii) of the PC Act.

(2.) On 11/8/2016, an undated complaint of Ms. Barkha Shukla Singh, Ex- MLA, was received in the Anti-Corruption Bureau, Delhi. The gist of the complaint was that the Government of Delhi had adopted several untoward and illegal practices to benefit the aids and associates of Aam Aadmi Party ('AAP'). It was alleged that the benefits were financial in nature and were being provided by the exchequer of Delhi by irregularly engaging the associates of the Party on contract basis. It was alleged that one such organisation where such appointments were made was Delhi Commission for Women (hereafter 'DCW'), where several individuals, who are/were associated with AAP, were appointed without following the due procedure and without any publication of vacancies and inviting applications. It was alleged that as such, pecuniary benefits were granted to said individuals by engaging their service on contract basis.

(3.) On the complaint, a preliminary inquiry was conducted and thereafter, the FIR was registered on 19/9/2016, for the offences under Ss. 13(1)(d) of the PC Act and Ss. 409/120B of the IPC. Pursuant to the registration of the FIR, the investigation was conducted and the chargesheet was filed.