Central Bureau Of Investigation vs R.S. Tyagi on 20 December, 2021

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Delhi High Court - Orders

Central Bureau Of Investigation vs R.S. Tyagi on 20 December, 2021

Bench: Mukta Gupta

                              $~52
                              *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +      CRL.REV.P. 439/2021
                                     CENTRAL BUREAU OF INVESTIGATION              ..... Petitioner
                                                Represented by: Mr. Anupam S. Sharma, SPP with Mr.
                                                                Prakarsh Airan & Ms. Harpreet Kalsi,
                                                                Advocates through video
                                                                conferencing.
                                                      versus
                                     R.S. TYAGI                                   ..... Respondent
                                                Represented by: None.
                                     CORAM:
                                     HON'BLE MS. JUSTICE MUKTA GUPTA
                                                ORDER

% 20.12.2021 CRL.M.A.20485/2021 (exemption)

1. Exemption allowed subject to just exceptions.

2. Application is disposed of.

CRL.REV.P. 439/2021

1. This petition challenges the order dated 21st August, 2021 passed by the learned Special Judge, CBI-13, (P.C. Act), Rouse Avenue District Court, New Delhi to the extent accused No.4, namely, R.S. Tyagi was discharged by the learned Trial Court on the ground that there is no material filed in the charge sheet to come to the conclusion that when R.S. Tyagi went to deliver the money he was aware that the same was for the purpose of bribery.

2. Learned Special Public Prosecutor for the CBI has taken this Court to Para 16.46 of the charge sheet which notes that the call was made by R.S. Tyagi to the concerned telephone number and the same was attended by an employee of Harish Wadhwani one of the main accused and R.S. Tyagi Signature Not Verified Digitally Signed By:JUSTICE CRL.REV.P. 439/2021 Page 1 of 2 MUKTA GUPTA Signing Date:20.12.2021 23:56:23 conveyed the Code No.994 and thus thereafter the note number was given and on the basis of the said number of note ₹6,000/- was asked and thereafter the amount was delivered. The learned Special Public Prosecutor for the CBI states that the mere fact that Code number and then the number of the ten rupee currency note was exchanged clearly shows that R.S. Tyagi also knew that the money was delivered for an illegal transaction.

3. Notice be issued to the respondent on the petitioner taking steps through Email, SMS, WhatsApp, speed post and courier, returnable before this Court on 23rd March, 2022.

4. Dasti process be also served by the Investigating Officer.

5. On receipt of the notice, reply affidavit, if any, be filed within four weeks. Rejoinder affidavit in three weeks thereafter.

6. Order be uploaded on the website of this Court.

MUKTA GUPTA, J.

DECEMBER 20, 2021 vk Signature Not Verified Digitally Signed By:JUSTICE CRL.REV.P. 439/2021 Page 2 of 2 MUKTA GUPTA Signing Date:20.12.2021 23:56:23

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Delhi High Court - Orders