Full Text
HIGH COURT OF DELHI
CRL.M.C. 4516/2022
RAJESH KUMAR ..... Petitioner
Through: Mr. Murari Kumar with Mr. Rahul Ranjan, Advocates.
Through: Mr. Hemant Mehla, APP for the State with SI Naresh Kumar, PS Anti
Corruption Branch.
MANU RANA ..... Petitioner
Through: Mr. Murari Kumar with Mr. Rahul Ranjan, Advocates.
Through: Mr. Hemant Mehla, APP for the State with SI Naresh Kumar, PS Anti
Corruption Branch.
Date of Decision: 18th January, 2023
JUDGMENT
Crl.M.A.1327/2023 (for early hearing) in CRL.M.C.-4516/2022
Crl.M.A.1325/2023 (for early hearing) in CRL.M.C.-4732/2022
For the reasons stated in the applications, the applications are allowed. The petitions are taken up today itself.
1. Present petitions have been filed challenging the order dated 08.03.2022 in CC No.26/2021 arising out of FIR No.50/2007 lodged under Section 7/13 POC Act read with Section 120B IPC, PS Anti Corruption Branch, GNCTD, Delhi.
2. Learned counsel for the petitioner submits that vide the impugned order dated 08.03.2022, learned Special Judge declined to take on record the record of the Departmental Inquiry dated 27.01.2022. Against this order, all the three accused person namely Sunil Kumar, Rajesh Kumar and Manu Rana invoked the jurisdiction of this Court. The petition of Sunil Kumar bearing Crl.M.C. 1346/2022 was taken up by the coordinate Bench of this Court on 14.12.2022 and following order has been passed:-
3. In view of the these decisions, it would be appropriate for the learned Special Judge to take on record the report of departmental inquiry in respect of qua the petitioner and examine it during the arguments on charge which are now listed for 23rd January, 2023, in accordance with law.
4. It is clarified that this order should not be taken as an observation on merits of the matter.
5. Petition is disposed of in the aforesaid directions.
6. Order be uploaded on the website of this Court.”
3. Learned counsel for the petitioner submits that thus on the ground of parity, the present petitions may also be allowed and the report of the departmental inquiry may be taken on record qua the petitioners.
4. Since the Coordinate Bench of this Court has already permitted the same departmental inquiry report to be taken on record vide order dated 14.12.2022 in Crl.M.C.1346/2022, the present petitions are allowed.
5. The departmental inquiry report dated 27.01.2022 be taken on record.
6. However, it is made clear that the learned Spl. Judge shall consider the departmental inquiry in accordance with law. The observations made herein shall not tantamount to be an expression on the merits of the case.
7. In view of the above, the present petitions stand disposed of.
DINESH KUMAR SHARMA, J JANUARY 18, 2023