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2023 Supreme(Del) 3135
IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Ramachandra Rao Patri – Appellant
Versus
Central Bureau of Investigation – Respondent
W.P.(Cr) 2238 of 2023, Cr.M.A. 20960 of 2023
Decided On : 09-08-2023
Mr. Arunabh Chowdhury, Senior Advocate with Mr. Manu Sharma, Mr. Vaibhav Tomar, Mr. Kartik Khanna and Mr. Abhuday Sharma, Advocates, for the Petitioner.
Mr. Anupam S. Sharma, SPP with Mr. Prakarsh Airan, Ms. Harpreet Kalsi, Mr. Abhishek Batra, Mr. Vashisht Rao and Mr. Ripudaman Sharma, Advocates, for the Respondent.
The court emphasized the importance of natural justice and the careful consideration of serious charges of corruption.
Headnote:
Corruption - Criminal Procedure - Prevention of Corruption Act, 1988 - Section 120B IPC, Sections 7A, 8, 9, 10 & 12 of the PC Act, 1988 - Summary of Acts and Sections: The court discussed the validity and legality of the order on charge dated 02.07.2022, passed by the Court of Special Judge (PC) Act, CBI-17, Rouse Avenue Courts, New Delhi in CBI Case No.25/2019 titled State vs. Dheeraj Kumar and Ors. The court considered the supplementary charge-sheet filed on 30.12.2022 and set aside the charges framed against M/s Soma Enterprise Ltd., remanding the matter back to the learned Trial Court for reconsideration of the charge in view of the supplementary charge-sheet. The court emphasized the importance of natural justice and the careful consideration of serious charges of corruption.
Fact of the Case:
The petitioner invoked the supervisory writ jurisdiction of the court to challenge the validity and legality of the order on charge dated 02.07.2022, passed by the Court of Special Judge (PC) Act, CBI-17, Rouse Avenue Courts, New Delhi in CBI Case No.25/2019 titled State vs. Dheeraj Kumar and Ors. The petitioner sought to set aside/quash the order framing charge and to be allowed to address arguments on charge afresh in view of the supplementary Chargesheet filed by the Respondent.
Finding of the Court:
The court set aside the charges framed against M/s Soma Enterprise Ltd., remanding the matter back to the learned Trial Court for reconsideration of the charge in view of the supplementary charge-sheet. The court directed the learned Special Judge to afford an opportunity to the petitioner to advance his submissions on the question of charge in light of the supplementary charge-sheet.
Issues: Validity and legality of the order on charge, consideration of supplementary charge-sheet, opportunity for the petitioner to address arguments on charge afresh.
Ratio Decidendi: The court emphasized the importance of natural justice and the careful consideration of serious charges of corruption. The court considered the supplementary charge-sheet and set aside the charges framed against M/s Soma Enterprise Ltd., remanding the matter back to the learned Trial Court for reconsideration of the charge.
Final Decision: The charges framed against M/s Soma Enterprise Ltd. were set aside and the matter was remanded back to the learned Special Judge with a direction to afford an opportunity to the petitioner to advance his submissions on the question of charge in light of the supplementary charge-sheet.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 20961/2023
Exemption allowed subject to just exceptions.
Application stands disposed of.
CRL.REV.P. 2238/2023
1. The present Writ Petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 the Petitioner invokes the supervisory writ jurisdiction of this Hon'ble Court to assail the validity and legality of the order on charge dated 02.07.2022, passed by the Court of Special Judge (PC) Act, CBI-17, Rouse Avenue Courts, New Delhi in CBI Case No.25/2019 titled State vs. Dheeraj Kumar and Ors., whereby the Ld. Trial Court has been pleased to order framing of charge against inter alia the Petitioner under Section 120B IPC read with Sections 7A, 8, 9, 10 & 12 of the Prevention of Corruption Act, 1988 and separately under Sections 8, 10 and 12 of the Prevention of Corruption Act, 1988.
2. The present petition has been filed with the following prayer:
"a) Issue an appropriate writ/order/direction calling for the records of the case in CBI Case No.25/2019 titled State vs. Dheeraj Kumar and Ors. pending before the Court of Shri Balwant Rai Bansal, Special Judge (PC Act), CBI-17. Rouse Avenue Courts. New Delhi and after perusing the same, this Hon'ble Court may be pleased to set aside/quash the order framing charge dated 02.07.2022 (ANNEXURE-P/1) read with the Order dated 14.07.2022 (ANNEXURE-P/2) passed by the Court of Sh. Balwant Rai Bansal, Ld. Special Judge (PC Act). Rouse Avenue Courts. New Delhi in CBI Case No. 25/2019 arising out of FIR RC No. 01(A)/2019/AC-III/New Delhi, under Section 120B read with Sections 7A/8/9/10 & 12 of the PC Act 1988 (as amended in 2018) and separate charge for the offences punishable under Sections 8, 10 & 12 of the PC Act, 1988 (as amended in 2018) against the Petitioner and all proceedings emanating thereunder in respect of the Petitioner.; AND/OR
b) Issue an appropriate writ/order/direction calling for the records of the case in CBI Case No 25/2019 titled State vs. Dheeraj Kumar and Ors. pending before the Court of Shri Balwant Rai Bansal, Special Judge (PC Act), CBI-17, Rouse Avenue Courts, New Delhi and after perusing the same, this Hon'ble Court may be pleased to set aside/quash the order dated 02.08.2023 passed by the Court of Shri Balwant Rai Bansal, Special Judge (PC Act), CBI-17, Rouse Avenue Courts, New Delhi dismissing the application filed by the Petitioner seeking to address arguments on charge afresh in view of the supplementary Chargesheet filed by the Respondent AND/OR
c) Issue a writ/order/direction calling for the records of the case in CBI Case No.25/2019 titled State vs. Dheeraj Kumar and Ors. pending before the Court of Shri Balwant Rai Bansal, Special Judge (PC Act), CBI-17. Rouse Avenue Courts, New Delhi and after perusing the same, this Hon'ble Court may be pleased to direct the Ld. Trial Court to allow the Petitioner to address arguments on charge afresh in view of the supplementary Chargesheet dated 30.12.2022 filed by the Respondent AND/OR
d) Pass any such other similar order(s) which this Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case and in the interest of justice."
3. Sh. Arunabh Chowdhury, learned senior counsel along with Sh. Manu Sharma submits that initially the learned Special Judge passed an order on charge dated 02.07.2022 whereby it was inter alia held as under:
