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2020 Supreme(Del) 1529

NAJMI WAZIRI
Sandeep – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Appellant : Salman Khurshid, Sr. Adv., Girdhar Govind, Mukesh Bhardwaj, Baljinder Singh, Ayesha Jamal, Aadil Singh Boparai, Ashutosh Lohia and Rohan Dewan, Advs.
For the Respondents: Ripu Daman Bhardwaj, SPP, S.K. Sinha, SP and Harish Chander, IO

JUDGMENT :

Najmi Waziri, J.

1. These writ petitions impugn the order on charge dated 6.9.2017 and charge dated 13.6.2017 passed by the learned Special Judge (PC Act) CBI-03 North-West District, for offences under sections 120B IPC read with section 7 and 13 (1) (d), 13(2) and S. 12 of PC Act 1988.

2. Rahul Agarwal (A-1) a Sub-Divisional Magistrate (SDM) is alleged to have conspired with co-accused Sandeep (A-2) for extracting monies as illegal gratification from one Ashwini Yadav (A-4) through the latter's father Mr. Vijender Singh Yadav. Ashwini was constructing the building at village Naharpur, Rohini, Delhi. A-1 served a notice upon A-4 under section 133 Cr.P.C. through co-accused Sandeep, which was later sought to be settled through illegal gratification of Rs. 2 lacs. According to the prosecution's source information Ashwini agreed to pay the illegal gratification through his father A-3 on 2.6.2016. A trap was laid. It is recorded in the impugned order as under:

    "..... It is submitted that thereafter a trap team was constituted and after conducting pre-trap proceedings in CBI office, all the trap team members including independent witnesses left for the spot at village Naharpur, R

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