CENTRAL BUREAU OF INVESTIGATION Vs. NEERAJ KUMAR

JUDGEMENT

(1.) The present petition has been filed under Sec. 397 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'CrPC') [now Sec. 438 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'BNSS')], challenging the order dtd. 12/7/2023 (hereinafter 'impugned order') passed by the learned Special Judge (PC Act), Rouse Avenue Courts, New Delhi (hereinafter 'Trial Court'), whereby, the learned Trial Court directed the preservation of Call Detail Records (hereinafter 'CDR') and location data of CBI officials and independent witnesses in connection with FIR No. RC-DAI-2022-A-0032, registered under Sec. 120B of the Indian Penal Code, 1860 (hereinafter 'IPC) and Sec. 7 of the Prevention of Corruption Act, 1988 (hereinafter 'PC Act').

(2.) The case arose out of a complaint filed by the complainant, Ashok Kumar before the Superintendent of Police, CBI, ACB, New Delhi, alleging that the respondent Neeraj Kumar (Junior Engineer, MCD) and co-accused Sukhdev (Beldar, MCD) demanded a bribe of Rs.7,000.00 to allow him to store construction materials outside his shop.

(3.) Based on the complaint, the CBI, which is the petitioner herein, conducted verification proceedings on 2/6/2022 and 6/6/2022, following which a trap operation was conducted on 6/6/2022, leading to the arrest of Sukhdev, who was caught red-handed accepting the bribe on behalf of the respondent allegedly. According to the chargesheet, the respondent was arrested on 6/6/2022 and was released on bail on 23rd