Ashutosh Verma v. Central Bureau Of Investigation

$~70 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 292/2016 ASHUTOSH VERMA ..... Petitioner Through Mr.Sidharth Luthra, Sr. Adv. with Mr.P.K.

Dubey, Ms.Smriti Sinha, Mr.Shri Singh, Mr.Shiv Chopra & Mr.Gautam Khazanchi, Advs.

versus CENTRAL BUREAU OF INVESTIGATION ..... Respondent Through Mr.Narender Kann, Spl. PP for CBI with Mr.Manoj Pant, Adv.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 25.01.2016 Crl.M.A. 1295/2016 (Exemption) Application is allowed subject to just exceptions. Crl.M.C. 292/2016 & Crl.M.A. 1294/2016 (Stay) The limited prayer made by the Senior Advocate for the petitioner is that in the present mater, sanction for prosecution of the petitioner was obtained under Sections 7, 11 and 12 of the Prevention of Corruption Act read with Section 120-B of IPC. Subsequently, the arguments on charge were heard and while framing the charge on

page 75-76 of the paper book, the learned Additional Sessions Judge/ Special Judge taken the cognizance under Sections 13(1)(d) and 15 of the Prevention of Corruption Act for which the petitioner was not having any opportunity to furnish his submissions. After hearing the learned Senior Counsel for the petitioner, this Court is of the considered opinion that ends of justice shall be secured if the petitioner is permitted to move an application before the learned Trial Judge to hear after giving notice to the CBI of the application and to hear the CBI on the application.

I order accordingly.

It is made clear that the learned Trial Judge would be at the liberty to pass fresh order, if he thinks fit. The present petition as well as application Crl.M.A. 1294/2016 are disposed of accordingly.

However, the petitioner would be at the liberty to file fresh petition after the decision of the learned Trial Judge. P.S.TEJI, J JANUARY 25, 2016 dd