SANJEEV SAXENA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By way of the present petition under Section 482 of Code of Criminal Procedure Code, 1973 (hereinafter referred to as "Cr.P.C."), the petitioner has assailed the order dated 22.11.2013 passed by learned Special Judge, (P.C. Act)-05 (ACB), Tis Hazari Courts, Delhi whereby charge under Section 12 of the Prevention of Corruption Act (for short, "PC Act") was framed against the petitioner in case FIR No.14/2009 under Section 12 of PC Act read with Section 120B of Indian Penal Code ("IPC", for short) registered at P.S. Crime Branch, Delhi.

(2.) Succinctly stating the facts of the present case as per the prosecution are that on 21.07.2008, on the request of Mr. Arun Jaitely, MP, Rajdeep Sardesai, Editor-in-Chief of CNN-IBN agreed to record evidence of "horse trading" of MPs. Rajdeep Sardesai instructed his correspondent Siddharth Gautam to get in touch with concerned MPs and film the monetary transaction that may take place. Siddharth Gautam was instructed to contact Sudheendra Kulkarni and both met in the night of 21.07.2008 at the residence of Sudheendra Kulkarni. Mr. Sudheendra Kulkarni introduced the CNN-IBN team to three BJP MPs namely Mr. Ashok Argal, Mr. Faggan Singh Kulaste and Mr. Mahabir Singh Bhagora and also Mr. Sohail Hindustani. Mr. Sohail Hindustani told CNN-IBN team that a meeting was fixed at Hotel Le Meridien with a senior Congress leader. Mr. Faggan Kulaste and Mr. Mahabir Singh were fitted with hidden cameras and they went to the Hotel.

(3.) First supplementary charge-sheet dated 29.09.2011 was filed mentioning the efforts to trace the money trail to find the source of bribe. Mr. Ashok Argal (MP, BJP) was not charge-sheeted initially due to want of sanction against him. Once the sanction was granted for prosecution, Mr. Ashok Argal was also charge-sheeted vide second supplementary charge-sheet dated 30.10.2011. Third supplementary charge-sheet dated 24.11.2012 was filed on interrogating reporters/ correspondents of CNN-IBN team and fourth supplementary chargesheet was filed with respect to seizure of video tapes of interviews with BJP MPs (admitted as not the part of sting operation and recorded after the sting operation was over).