Delhi High Court - Orders
Dr Sarbesh Bhattacharjee vs Central Bureau Of Investigation on 29 July, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~ 9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 784/2021
CRL.M.A. 5713/2021 (for stay)
CRL.M.A. 5714/2021 (for exemption)
DR SARBESH BHATTACHARJEE ..... Petitioner
Represented by: Ms.Arundhati Katju, Advocate with
Mr.Mohd. Ali Chaudhury, Ms.Eysha
Marysha, Advocates & Ms.Shristi
Borthakur, Intern.
Versus
CENTRAL BUREAU OF INVESTIGATION .... Respondent
Represented by: Mr.Ripudaman Bhardwaj, Spl.P.P.
with Mr.Kushagra Kumar, Advocate.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 29.07.2021 CRL.M.A. 5714/2021 (for exemption)
1. Exemption allowed subject to just exceptions.
2. Application is disposed of.
W.P.(CRL) 784/2021
1. By this petition, the petitioner seeks quashing of RC/DAI/2014/A/0036 under Sections 13(1)(d)/13(2) of the PC Act read with 420/468/471/120B IPC registered by the CBI and the proceedings pursuant thereto.
Signature Not Verified Digitally Signed By:JUSTICEW.P.(CRL) 784/2021 Page 1 of GUPTA MUKTA 3 Signing Date:29.07.2021 22:07:59
2. According to the petitioner, he was suspended from services on 2nd November 2011, just three months before he was due to retire. The petitioner challenged the order of suspension which was quashed by the Principal Bench, Central Administrative Tribunal in OA No. 4087/2011 vide order dated 23rd December 2011. Since the order dated 23rd December 2011 of the Central Administrative Tribunal was not implemented, the petitioner was constrained to file a contempt petition before the Principal Bench, Central Administrative Tribunal and as a counter blast of the same, four FIRs were registered against the petitioner emanating from the same tender enquiry No. 2/DHS/CPA/2009. Out of four FIRs, two FIRs were registered on 10th January 2012 on similar allegations and thereafter, third FIR on 16th February 2013, followed by the RC registered by CBI on 22nd August 2014.
3. A status report has been filed in response to the present petition by the respondent-CBI, as per which, RC/DAI/2014/A/0036 was registered against the petitioner, the then Director, DHS and others, however, the allegations against the petitioner have not been substantiated and after conducting a thorough investigation in relation to the tender enquiry No. 2/DHS/CPA/2009 for supplying various items including film for medical radiography, M/s. Life Line Systems Private Ltd. through its Director Suresh Kumar Aggarwal, Ashish Kumar Vishnoi, Manager who had filed the forged certificates and documents, have been charge-sheeted beside Suresh Kumar Aggarwal, Director, M/s. Life Line Systems Private Ltd. under Sections 120B read with 420/468/471 IPC read with substantive offences thereof.
4. The charge sheet has already been filed in the Court of learned Signature Not Verified Digitally Signed By:JUSTICE W.P.(CRL) 784/2021 Page 2 of GUPTA MUKTA 3 Signing Date:29.07.2021 22:07:59 C.M.M.; the trial is at the stage of recording of prosecution evidence and the next date before the learned Trial Court is 13 th September 2021. It is thus evident that in the RC/DAI/2014/A/0036 of which the petitioner seeks quashing, no charge sheet has been filed against the petitioner and even while taking the cognizance, the petitioner was not summoned as an accused in view of the fact that there was no material to substantiate that he had committed any offence, as alleged.
5. Consequently, the present petition is disposed of as infructuous as the petitioner is not one of the accused involved in RC/DAI/2014/A/0036.
6. Order be uploaded on the website of this Court. CRL.M.A. 5713/2021 (for stay) In view of the order passed in writ petition, the application is disposed of as infructuous.
MUKTA GUPTA, J.
JULY 29, 2021/akb Signature Not Verified Digitally Signed By:JUSTICE W.P.(CRL) 784/2021 Page 3 of GUPTA MUKTA 3 Signing Date:29.07.2021 22:07:59