A Delhi court has ordered the framing of charges against a former CBI Deputy Superintendent of Police (DSP) accused of falsely implicating an Indian Revenue Service officer in a disproportionate assets (DA) case.
Metropolitan Magistrate Ritu Singh held that the charges were attracted against Ramnish, now posted as a DIG and VK Pandey, another accused in the case.
"Upon consideration of pre-summoning complainant evidence, documents on record and judicial pronouncements relied upon by this Court, it is of the opinion that offences under Sections 323/427/448 of the Indian Penal Code with section 34 is attracted against the accused persons namely VK Pandey and Ramnish," the judge said in her order.
The court directed both the accused to be present in the court on the next date of hearing on September 16.
The case, one of the oldest cases pending in court, pertains to a complaint filed by IRS officer Ashok Kumar Agarwal, who had alleged that he was falsely implicated by the accused, in connivance with other CBI officers.
The complaint said that on October 19, 2000, a team of CBI officers led by Ramnish, Pandey and other officers illegally entered Agarwal's residence in Paschim Vihar by physically assaulting his gate keeper and breaking the sliding door of the drawing room of the ground floor.
Agarwal further alleged that the accused persons had forcibly and violently dragged him from his bedroom at about 5.30 am without allowing him to wear proper clothes. He also stated that he was manhandled and pushed down the stairs which caused injury to his right arm and body. He was then arrested while his wife and children were locked in another room and not informed about his arrest.
The court, while ordering the framing of charges, said that the sanction to deal with the accused persons has already been dealt with by the Delhi High Court wherein it had stated that the petitioners (accused herein) are not entitled to probation under section 140 of the Delhi Police Act and they are not entitled to protection.
Agarwal had also alleged that he was carrying out an investigation against accused charged under the Foreign Exchange Regulation Act (FERA). As a result, they had conspired with the CBI officers to register a false case against him.
He had moved the High Court, demanding quashing of the FIR lodged against him. The court ruled in his favour and ordered registration of two FIRs against the CBI officers, for fabricating documents.
