KUNAL SINGH Vs. CBI

JUDGEMENT

(1.) The present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shall be referred to as the "Cr.P.C.") has been filed by the petitioner for quashing of order on charge dated 21.09.2013 passed by the learned Special judge (PC Act) CBI and framing of charge dated 07.10.2013 in RC No.2172012/A0005 under Section 120 -B IPC and Sections 7, 12 & 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988 and all the proceedings subsequent thereto.

(2.) The facts culled out from the record are that the CBI had filed a charge sheet against the accused/petitioner Kunal Singh and co -accused persons Ratan Singh, Uma Kant, Harish Dhondiyal, S.K. Garg and Anil Kumar Jaiswal. The FIR in question was registered on 03.06.2012. At the relevant time, accused Kunal Singh was posted as Director (Investigation), Income Tax, Kanpur; accused Ratan Singh was posted as Addl. Director (Investigation), Income Tax, Noida, accused Uma Kant was posted as Asstt. Director (Investigation), Income Tax, Noida; accused Harish Dhondiyal was posted as Inspector, Income Tax, Noida; accused S.K. Garg was the Chairman, accused Pankaj Bajaj (now approver) was Managing Director of M/s Eldeco Group; accused Anil Kumar Dhanda was CFO of M/s Eldeco Infrastructure & Properties and accused Anil Kumar Jaiswal was Advocate & Tax Consultant. It was alleged that a raid was conduted by the Income Tax Department at different premises of M/s Eldeco Group of Companies in March, 2012 in which various documents were seized and bank lockers were sealed. Accused Pankaj Bajaj and S.K. Garg contacted accused Anil Kumar Jaiswal, Chartered Accountant to settle the matter with the Income Tax Department who had contacted accused Ratan Singh, Umakant and Harish Dhondiyal. Investigation revealed that accused Kunal Singh was in touch with accused Pankaj Bajaj and he was called by accused Kunal Singh at his residence on 03.06.2012 at 8 p.m. A trap was laid during which accused Pankaj Bajaj had delivered Rs.30 lacs to accused Kunal Singh and the said amount was recovered from his residence. It was further alleged that accused Ratan Singh had received bribe from accused Pankaj Bajaj, but the said money was not recovered. It was further alleged that accused Uma Kant had received bribe amount of Rs.12 lacs from accused Pankaj Bajaj and a sum of Rs.9.7 lacs being part of the bribe money was recovered from his residence. Accused Harish Dhondiyal had received bribe amount of Rs.1 lac from accused Pankaj Bajaj out of which Rs.70,000/ - was recovered from his residence. Investigation also revealed that accused S.K. Garg was also involved in the payment of bribe to the officials of Income Tax Department. It was further alleged that accused Anil Kumar Jaiswal played a role in fixing meeting of officers of M/s Eldeco Group with the officers of Income Tax Department.

(3.) After completion of investigation, charge sheet was filed in the Court. After hearing the arguments on charge, the learned Trial Judge passed the order on charge on 21.09.2013. On 07.10.2013, charge under Section 120 -B IPC read with Sections 7, 12, 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act was framed against accused Kunal Singh, Ratan Singh, Uma Kant, Harish Dhondiyal, S.K. Garg and Anil Kumar Jaiswal. Accused Kunal Singh was also charged for substantive offences under Section 7 and 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act. Feeling aggrieved by the same, the present petition has been preferred by the petitioner.