Neutral Citation No. - 2023:AHC-LKO:57157

A.F.R.

Judgment Reserved On: 17.08.2023

Judgment Pronounced on: 28.08.2023

Court No. - 16

Case :- APPLICATION U/S 482 No. - 5389 of 2023

Applicant :- Anil Kumar Singh

Opposite Party :- State Of U.P. Thru. Superintendent Of Police Cbi

Counsel for Applicant :- Purnendu Chakravarty,Pranjal

Jain,Shivanshu Goswami

Counsel for Opposite Party :- Anurag Kumar Singh

With

Case :- APPLICATION U/S 482 No. - 5391 of 2023

Applicant :- Bedram Sharma And Others

Opposite Party :- State Of U.P. Thru. Superintendent Of Police, , Cbi

Ac-1 New Delhi

Counsel for Applicant :- Purnendu Chakravarty,Shivanshu Goswami

Counsel for Opposite Party :- Anurag Kumar Singh

Hon’ble Subhash Vidyarthi J.

1.

Application under Section 482 Cr.P.C. No. 5389 of 2023 has been

filed by the applicant Anil Kumar Singh challenging validity of (i) the

Charge-sheet no. 6 arising out of Crime No. RC 216 2022 A 0012

dated 10.09.2022 under Sections 120-B, 7, 8, 9, 10 and 12 of the

Prevention of Corruption Act, 1988, Police Station CBI/AC-I, New

Delhi, so far as it relates to him (ii) prosecution sanction order dated

27.03.2023, (iii) the cognizance and summoning order dated

06.04.2023 passed by the learned Special Judge, Anti Corruption,

C.B.I., West, Lucknow in Session Case No. 709 of 2023 and (iv) the

consequential proceedings of Session Case No. 709 of 2023 pending

in the court of Special Judge, C.B.I., West, Lucknow.

2.

Application under Section 482 Cr.P.C. No. 5391 of 2023 has been

filed by the applicants - (1) Bedram Sharma, (2) Parsuram Sharma and

(3) Anand Mohan Sharma challenging validity of (i) the Charge-sheet

Page 1 of 20

no. 6 arising out of Crime No. RC 216 2022 A 0012 dated 10.09.2022

under Section 120-B I.P.C. and Sections 7, 8, 9, 10 and 12 of the

Prevention of Corruption Act, 1988, Police Station CBI/AC-I, New

Delhi, so far as it relates to them (ii) the cognizance and summoning

order dated 06.04.2023 passed by the learned Special Judge, Anti

Corruption, C.B.I., West, Lucknow in Session Case No. 709 of 2023

and (iii) the consequential proceedings of Session Case No. 709 of

2023 pending in the court of Special Judge, C.B.I., West, Lucknow.

3.

As both the applications challenge the same proceedings on the same

set of grounds, both the applications are being decided by a common

judgment.

4.

Heard Sri Raju Ramchandran Senior Advocate, assisted by Sri

Purnendu Chakravarty and Sri Anuj Tandon Advocates, the learned

counsel for the applicant and Sri Anurag Kumar Singh, the learned

counsel for the respondent - C.B.I. assisted by Sri Dharmendra Pratap

Singh and perused the record.

5.

The aforesaid case has been registered on the basis of an F.I.R lodged

on 10.09.2022 alleging that Anil Kumar Singh operates from the local

office of M/s Voyants Solution Pvt. Ltd. and the co-accused Bedram

Sharma of M/s S.R.S.C Infra Pvt. Ltd. approached Anil Kumar Singh

for clearing pending bills and Anil Kumar Singh assured him of

favorable clearance in lieu illegal gratification demanded by him and

in pursuance of the aforesaid conspiracy, certain bills of M/s S.R.S.C

Infra Pvt. Ltd. were cleared by Anil Kumar Singh.

6.

The F.I.R alleges commission of offence under Section 120- B I.P.C

read with Section 7, 8, 9, 10 and 12 of the Prevention of Act, 1988, by

the named accused persons and other unknown public servants and

private persons.

7.

The charge-sheet submitted by the C.B.I. states that Anil Kumar

Singh was performing public duties while functioning as the Resident

Engineer for the project and he had the authority to certify payments

of the contractors. Anil Kumar Singh dishonestly demanded and

accepted bribe as a motive/reward for recommending interim payment

of bills.

Page 2 of 20

8.

Sri Raju Ramchandran Senior Advocate, the learned Counsel for the

applicants has submitted that the applicant in Application No. 5389 of

2023 Anil Kumar Singh, is not a ‘public servant’ as per the definition

of t