Suresh Kait, J.

1. The instant petition being filed to challenge the order dated 14.10.2011 passed by ld. Special Judge (ACB) Delhi whereby the said judge is of the opinion that the petitioner was a part of the criminal conspiracy punishable under Section 120B IPC. Accordingly, by the said impugned order the ld. Judge summoned the petitioner to appear on 03.11.2011.

2. The facts in brief of the case are that Crime Branch, Delhi registered an FIR No. 14 on 27.01.2009 under Section 120B IPC read with Section 7/8/12 and 13(1) (d) of Prevention of Corruption Act, 1988 on the basis of a letter dated 17.12.2008 written by Sh. P.D.T.Achary, Secretary General, Lok Sabha and also on the basis of a Report of Parliamentary Enquiry Committee.

3. Facts of the case in brief are that on 22.07.2008 during the debate in motion of confidence in Lok Sabha, Sh. Ashok Argal, Sh. Faggan Singh Kulaste and Sh. Mahavir Singh Bhagora, MPs placed Rs. 1 Crore on the table of the house in Lok Sabha Secretariat stating that the whistle blowing operation had been recorded by CNN-IBN News Channel and the money from the bags displayed before the members of Parliament were to tell tale truth of Cash for Vote scandal arid exposed the UPAs unethical plot to convert its minority Govt. into a majority Govt. by stooping to any level. The Hon'ble Speaker called for the requisite comments from the aforementioned MPs. In the meanwhile on 23.07.2008, Sh. Rajdeep Sardesai, Editor-in Chief, CNN-IBN Network also provided Video Tapes containing the video footage of sting operation.

4. Thereafter on 25.07.2008, Sh. Ashok Argal, Sh. Faggan Singh Kulaste and Sh. Mahavir Singh Bhagora, MPs submitted a joint signed statement to Hon'ble Speaker, Lok Sabha narrating the sequence of events which took place from the evening of 21.07.2008 till the evening of 22.07.2008. In this background on 26.07.2008, Hon'ble Speaker of Lok Sabha constituted an Enquiry Committee.

5. The Parliamentary Enquiry Committee's report was forwarded by the Ministry of Home Affairs, Govt. of India to the Commissioner of Police, Delhi on 15.01.2009, which was converted into the present FIR. The Hon'ble Speaker of Lok Sabha also fixed a deadline for filing the charge sheet in Court.

6. Mr. Mukul Rohtagi, ld. Sr. Advocate has submitted on behalf of the petitioner that the charge-sheet was filed by the Police on 22.08.2011 against Sh. Amar Singh and 5 other co-accused. The trial court gone through the charge sheet carefully and after application of mind cognizance was taken. It is pertinent to mention, the petitioner was not charge sheeted in the said charge sheet.

7. Ld. Sr. Counsel further submitted that first supplementary charge sheet under Section 173 (8) was filed on 29.09.2011. In the said charge sheet also, there was no allegation against the petitioner, therefore not chargesheeted.

8. He further submitted that second supplementary charge sheet was filed on 03.10.2011. Even in this charge sheet, the petitioner has not been charge sheeted nor even an iota of allegations against the petitioner.

9. Ld. Counsel further submitted, the Joint Parliamentary Committee enquired into the matter extensively and no sufficient material was found against the petitioner. Therefore, he was neither charge sheeted in the first charge sheet nor in the subsequent two supplementary charge sheets.

10. It is further submitted, only additional material on which the ld. Trial Judge has relied was the CD of the sting operation carried out by CNN-IBN News Channel, which is worthless. He argued that there is no discussion of money transaction nor even the talk in the CD is audible, therefore on the basis of that CD, the petitioner cannot be prosecuted.

11. He further submitted that for the sake of arguments, if it is presumed that there is some mentioning of his role in the present case, then the ld. Judge should have issued direction to investigate further and only thereafter, if some material is on record, the action would have been taken a