SUMAN SINGH ALIAS RANJEET Vs. STATE

JUDGEMENT

(1.) THIS is a petition u/s 482 of the Code of Criminal Procedure, for quashing RC-DA1-2003-A-0058 CBI/acb, Delhi stated to have beenregistered by CBI under section 120-B read with Sections 380/408/411/511 of IPC.

(2.) ON 22. 11. 2003, a secret information was received by Crime Branch of Delhi police by one Rajiv Saxena, about the leakage and sale of question paper of CAT examination to be held on 23. 11. 2003. The police officer, who received the information, contacted Rajiv Saxena who agreed to sell the question paper to him for Rs. 5. 00 lacs and asked him to contact his associate Rajesh Suchan on his mobile No. 9810931435. The Police officer contacted both of them a number of times on telephone and it was agreed that Rajesh Suchan would meet him at outer Ring Road, near Munirka. Thereupon he organized a raiding party and reached the appointed place. Rajesh Suchan met him and negotiated with him. He contacted Rajesh Saxena who directed them to reach near Radisson Hotel. When the police official reached there along with Rajesh Suchan, the complainant natwar Meena and his friend Virender Kumar approached them. The police officers disclosed their identity to the complainant and his friend Virender Kumar who explained all the circumstances and the complainant also showed his CAT identity card to them. On inquiry, police officials came to know that the candidates were being taken to hotel Shanti Palace on NH-8. Two police officers were deputed to inquire and verify at hotel Shanti Palace. Those police officials reported that CBI had already raided Hotel Shanti Palace and their action was still going on. Thereupon, statement of complainant Natwar Meena was recorded, who stated that at about 6 pm he received a telephone call from one Guruji, who inquired as to whether he wanted question paper of CAT exam 2003. He received another call from Guruji at about 6. 45 pm and was asked to come near Radisson hotel at about 9. 30 pm. He along with his friend Virender Kumar took chance to get the question paper of CAT and made telephone call to Guruji on his mobile, number of which had already given on the mobile of the complainant. Guruji asked for Rs. 1. 00 lac for the question paper. When they were waiting for guruji, 3 persons namely Mahender, Arvind Kumar and Bharat Bhushan reached there and asked the complainant whether he had brought Rs. 1. 00 lakh for the question paper. When he replied in negative, they asked the complainant and his friend to wait till Guruji came there. In the mean time the police party reached there along with Rajesh Suchan. All the four persons, referred above were arrested. During interrogation by police Rajesh Suchan disclosed the name of Santosh Kumar, who, in turn, disclosed that Rajesh Saxena was residing in a hostel in Janakpuri. Rajesh Saxena was arrested from there. He informed the police that Rajesh Suchan had introduced him to one Ashutosh Kumar who during conversation revealed to him that Dr. Ranjit Singh of Patna had the paper of CAT examination and that all the candidates will reach petrol pump, near Radisson Hotel from where they shall be taken to Hotel Shanti Palace where solved question paper of CAT examination would be shown to him. Accordingly, he directed Rajesh Suchan to take the candidates to petrol pump, where Bharat Bhushan, Arvind Kumar, Rahul and Mahender etc. were to meet and take them to Hotel Shanti Palace. During further investigation, officers of the crime Branch discovered that Kumar Suman Singh @ Ranjit had already been arrested by the CBI.

(3.) ACCORDING to Delhi Police, it was established during investigation that kumar Suman Singh @ Ranjit was the leader of the gang who got the question paper stolen and brought Ashutosh Kumar, Ashok Kant, both of whom could not be arrested, and Bharat Bhushan, Arvind Kumar, Rajeev Saxena, Rajesh Suchan and rahul to Delhi for arranging candidates. Accused Arvind Kumar was also promised some payment. As per the chargesheet filed by Crime Branch, the accused persons made an attempt to cheat the complainant and other genuine candidates by stealing the question paper and then selling the same on hefty price. It has been further alleged that accused Rajeev Suchan tried to destroy the evidence by taking out the sim card of his mobile phone and concealing them in a verandah. Arvind Kumar and Alok Kant could not be arrested during investigation. The charge sheet by delhi Police has been filed under Section 120 B of IPC read with Section 379/420/511 and 201/511 of IPC.