JUDGEMENT

CRL.M.A. 10323/2023 & CRL.M.A. 19314/2023 (Both for stay)

1. These are applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) for stay of operation of the impugned part of the order dated 06.04.2023 passed by the learned ACMM (Special Acts), Central District, Tis Hazari Courts, Delhi in CT Case No. 1183/2022 titled as “Income Tax Office Vs. Anil Tuteja & Ors”.

2. The brief facts culled from the impugned order dated 06.04.2023 are as follows:

“A complaint u/s 200 Cr.P.C was made by Income Tax Office through Mr. Seuj Kumar Saikia, DDIT, Inv. Unit-1(4), New Delhi, alleging commission of offence punishable u/s 276C(1)/277/278 read with Section 278B/278E of The Income Tax Act, 1961 (hereinafter referred to as ‘The Act’) and section 120B/191/199/200/204 of Indian Penal Code, 1860 (in short IPC).

Since, the present complaint was filed by a public servant acting in discharge of his official duties and in course of his employment, so the formal examination of the AR of complainant was dispensed with, in terms of proviso (a) of Section 200 Cr.P.C. The gravemen of accusation against accused persons is that Anil Tuteja (accused No. 1), a promotee IAS officer in the state of Chattisgarh is engaged in movement of unaccounted cash through different channels with regard to sectors such as agriculture, mining, liquor trade and licensing in the state of Chhattisgarh. His son Yash Tuteja (accused no. 2) and Saumya Chaurasia (accused no. 3) Deputy Secretary of Chief Minister of Chhattisgarh are his accomplices who are actively engaged and involved in aforementioned illegal operations. Numerous whatsapp chats betwixt accused no. 1 and accused no. 3 have been cited by complainant to show that they discussed matters like payment of Rs. 4.5 Crores bribe by a bureaucrat to Ram Gopal Aggarwal (Treasurer, PCC), Rs. 75 Lakhs utilized for construction of house of one Vikas Tiwari (PCC spokesperson), Rs. 3 Lakhs given to accused no. 4 namely Anwar Dhebar (brother of Mayor of Raipur) and amount paid by Ashok Chaturvedi (GM of Text Book Corporation) for settlement of a corruption case etc. In one whatsapp conversation, the accused no. 1 and 3 were discussing about ‘payments’ with respect to one Mukesh, Mandeep (accused no. 8), Kishore, Sonwani, RG and Bhatia. As per this chat, RG (believed to be Ram Gopal Aggarwal) and Bhatia (short for Pawan Bhatia) allegedly made by Mukesh (Rs. 12.96 Crores), Mandeep (Rs. 14.86 Crores) and Kishore (Rs. 16 Crore), all these three persons were representatives of companies empanelled with agricultural department as approved rate contractors. Investigation revealed that the amounts paid by representatives were neither paid to government nor for any lawful purpose. An amount of Rs. 3 Crores changed hands through one Manish at behest of accused no.

1 and 3 as revealed from their whatsapp chats. Accused no. 8 Mandeep Chawla allegedly sought favours for various mining works and contracts from accused no. 1 and 3. Chats show that accused no. 8 also collects money for accused no. 1. Analysis of whatsapp chats of accused no. 1 and an IFS officer Anil Rai (Secretary PWD, Chhattisgarh) disclosed about payment of money from IFS officer to accused no. 4. The accused no. 4 allegedly collected bribes from traders at behest of accused no. 1

and 3. Whatsapp chat of accused no. 4 revealed that Rs. 5 Crores were delivered by some person to him at instance of accused no. 1. Further investigation revealed whatsapp conversations between accused no. 1 and 4 regarding proposals of percentage shares of manufacture of country liquor, beer amongst various distillers of Raipur for FY 2019-20. They also discussed about the shares to be allotted to each group of distillers and their objections etc. From chats of accused no. 4 information about collection of bribes from liquor and other businesses by him and transfer of that money to accused no. 1 is unveiled. Photos of Rs. 10 and