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2022 Supreme(Del) 1650

MANOJ KUMAR OHRI
CBI – Appellant
Versus
Devendra Jain – Respondent


Advocates appeared:
Nikhil Goel, Advocate, Vinay Mathew, Advocate, Ramesh Gupta, Advocate, Vijay K. Singh, Advocate, Vishal Gera, Advocate, Vijaya Singh, Advocate, Kumar Shashwat Singh Sawno, Advocate, Gunjan Chowksey, Advocate

JUDGMENT

Manoj Kumar Ohri, J. - The present petition has been filed under Section 482 Cr.P.C. read with Section 439(2) Cr.P.C. on behalf of the petitioner/CBI seeking setting aside of the orders dated 06.01.2022 and 07.01.2022 passed by the learned Special Judge (PC act), CBI-15, Rouse avenue Courts, New Delhi in the case arising out of RC No.218/2021/a0007 registered under Sections 7/8/9/10 of the Prevention of Corruption act, 1988 (as amended in 2018) read with Section 120B IPC at P.S. CBI/aC-III, Delhi.

2. Insofar as prayer clause (a) is concerned, the same was not pressed having become infructuous.

3. The facts of the case, as noted by the learned Special Judge, are as under:-

    '3. (I) ...on 30.12.2021 on the basis of 'source information' that a-1 akil ahmad, being Regional Officer of National Highways authority of India (in short 'NHaI') was in the habit of demanding and accepting illegal gratification from NHaI contractors for clearing their pending bills and for issuing Provisional Commercial Operations Date (in short 'PCOD') for completed projects.

    (ii) On 30.12.2021 a-1 had demanded illegal gratification from a-2 Retnakaran Sajilal, General Manger of M/s Dilip Buildcon Private

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