Special Judge Sangita Dhingra Sehgal discharged Inspector KG Tyagi, Sub-Inspector Mukesh Singh and Assistant Sub-Inspector Rajbir Singh of the Crime Branch on the technical ground but made it clear that a fresh charge sheet with valid sanction for their prosecution can be filed against them.
The court, however, slated the case for September 24 to consider framing of charges against the trio, who also face prosecution for allegedly extorting money from a businessman in a murder case in 2008.
"It is well settled law that any case instituted without a proper sanction must fail because this being a manifest difficulty in the prosecution, the entire proceedings are rendered void ab initio.”
"Investigation was incomplete on February 9, 2009 at the time of according sanction and number of material documents came into existence after according sanction till the filing of supplementary charge sheet on February 10, 2010 which were not placed before the sanctioning authority," the court said.
Tyagi was suspended in 2008 for alleged corruption and his two junior colleagues were made accused in a case registered on a complaint by Abhinav Aggarwal a businessman from Old Delhi.
The trio were booked under provisions of the Prevention of Corruption Act and also under the Indian Penal Code for extortion and criminal conspiracy.
Aggarwal had alleged that Tyagi is running a racket of extortion along with his associates which included advocate Ravinder Chadha and he was forced to meet his extortion demands and gave Rs 27 lakh.
Chadha was also made an accused in the case.
Aggarwal, who was running a business of printing, alleged in his complaint that Inspector Tyagi called him and his father Gopal Krishan Aggarwal several times to the police station for interrogation in a murder case and finally detained his father on December 6, 2007.
He alleged that Tyagi had taken a bribe of Rs 8 lakh from him to release his father, but did not release him.
He also alleged that SI Mukesh and ASI Rajbeer Singh were also attached to Tyagi and on various occasions tried to mediate the issue of bribe.
New Delhi: A Delhi court has discharged three policemen, including an inspector, of corruption charges for want of proper sanction for prosecution, but has proceeded against them for allegedly extorting money from a businessman.
First Published: Sunday, August 12, 2012, 13:20