Point of Law: Considered opinion that Call Nos. 48 and 51, heavily relied upon by the prosecution, lack object and purpose to prove the complicity of the respondent herein in the crime.

JUDGMENT :

1. Heard Sri S.C. Mishra Senior Advocate assisted by Sri Pranjal Krishna and Sri Samarth Agarwal Advocates, the learned Counsel for the applicants and Sri Anurag Kumar Singh Advocate, the learned counsel for the respondent/Central Bureau of Investigation.

2. These three applications under Section 482 Cr.P.C. have been filed by three similarly situate applicants, challenging the order of rejection of their applications for discharge, the order framing charges against them and the criminal proceedings against them, on same grounds, hence these are being decided together.

3. The instant application has been filed under Section 482 Cr.P.C. challenging the order dated 21.09.2019, passed by the Special Judge, Anti-Corruption, C.B.I. (Central), Lucknow rejecting separate applications filed by all the accused persons for their discharge in Criminal Case No.1326 of 2018; C.B.I. Vs. Sansar Chand and others, along with the order dated 22.10.2019 framing charges under Section 120-B I.P.C. read with Sections 7, 11, 12 and 13 (2) Prevention of Corruption Act and substantive charges of Sections 7, 13 (2) read with 13 (1) (a), (b) & (d) of the Prevention of Corruption Act, 1988 and the entire criminal prosecution against the applicant arising out of cognizance order dated 04.08.2018.

4. Briefly stated, facts of the case are that the Central Bureau of Investigation lodged a First Information Report on 02.02.2018 in Police Station C.B.I./AC-I, New Delhi against ten named accused persons, including the applicants namely Aman Shan, Rajeev Singh Chandel and Ajay Kumar Srivastava, stating that an information was received from reliable source that Sansar Chand, Commissioner, GST & Central Excise, Kanpur is leading an organized and systematic collection of illegal gratification in lieu of various official acts in connection with matters pertaining to Central Excise Department in his jurisdiction. Superintendents Ajay Srivastava, Aman Shah, Rajeev Singh Chandel (the applicants) and Office Staff Saurabh Pandey, all public servants subordinate to Sansar Chand, are part of this organized and systematic collection of illegal gratification and they contact various private parties either directly or through middleman Amit Awasthi for extorting and putting pressure for payment of illegal gratification. The amount of illegal gratification made by private parties to the above mentioned public servants were being transferred systematically through hawala channel to Delhi through Aman Jain and Chander Prakash @ Monu for parking and further delivering it to Smt. Avinash Kaur, wife of Sansar Chand. Sansar Chand was in the habit of taking periodic updates from his Superintendents Ajay Srivastava, Aman Shah and R.S. Chandel (the applicants) regarding receipt of illegal gratification from various private parties. These payments were taken on monthly or quarterly basis protection money for omission of action against the private parties by the Central Excise Department. The F.I.R. further states that Sansar Chand got in touch with the applicants and inquired about the payment status of various private parties, including one from ''Shishu', which pertains M/s Shishu Soap and Chemical Private Limited took further updates regarding payment from the aforesaid Company from Amit Awasthi. The applicants and Amit Awasthi further engaged Manish Sharma, Director of M/s Shishu Soap and Chemicals Private Limited who assured both of them that he would shortly make the payment of the agreed periodical illegal gratification for the months of February, 2018 to April, 2018. The applicants and Amit Awasthi confirmed the same to Sansar Chand. It has further been alleged in the F.I.R. that the source had revealed that when the illegal gratification was not received, Sansar Chand started pursuing it with the applicants and Amit Awasthi and he instructed the applicants to contact Manish Sharma. The applicants and Amit Awasthi contacted Manish Sharma for payment of illegal gratificati