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Application by Comm. of IT, Delhi, Us 319 and 311 of CrPC on Receipt & Laundering of Bribe Money of 2G Scam

Application by Comm. of IT, Delhi, Us 319 and 311 of CrPC on Receipt & Laundering of Bribe Money of 2G Scam

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01/10/2013

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IN
THECOURT
OF
HON'BLE
SRI
O.P.
SAINI,
LD.
SPECIAL
JUDGE,
CBI
COURT,
PATIALA
HOUSECOURT,DELHI.
CC
Ncs-1/2011
RC/45-A/2009/CBI/ACB
New
Delhi
U/s
P.C.
Act,
1988.
NDOH
15.11.2011
IN
THE
MATTER
OF
:
CBI
Complainant
Vs.
A
Raja
&
Ors...Respondents
AN
APPLICATION
U/S
319
OFCr.P.C.
1973
READ
WITH
SECTION
311
OF
Cr.P.C.,
1973
FOR
EXAMINATION
OF
APPLICANT
IN
ATTENDANCE
BEFORE
THIS
HON'BLE
COURT
IN
THE
MATTER
OF
RECEIPT
&
LAUNDERING
OF
BRIBE
MONEY
OF
2G
SCAM
IN
EXCESS
OF
Rs.
2,000/-
CRORES
BY
M/S
NDTV
LTD.
THROUGH
ILLEGAL
HAWALA
ROUTE
AND
FICTITIOUS
JAMAKHARCH
ENTRIES
AS
SHARE
CAPITAL/CONTRIBUTION
OF
SUBSIDIRIES
OF
M/S
NDTV
LTD.
HUSHED
UP
THROUGH
BRIBEAND
ILLEGAL
GRATIFICATION
PAID
TO
CORRUPT
GOVT.OFFICERS
LIKE
MS.
SUMANA
SEN
(IRS
99005)
&
TO
PROCEED
AGAINST
DIRECTORS,
OWNERS
&
EMPLOYEES
OF
M/S
NDTV
LTD.
AND
ACCOMPLICEPUBLIC
SERVANTS
FOROFFENCES
UNDER
THE
PC.
ACT,
1988,
IPC,
1860,
THE
IT
(P)
ACT,
1956,
THE
O.S.
ACT,
1923
AND
OTHER
LAW
FOR
WHICH
THEYARETO
BE
TRIED
WITH
OTHER
ACCUSEDBEING
TRIED
IN
2G
SCAM
BEFORE
THIS
HON'BLE
COURT.
MOSTRESPECTFULLY
SHOWETH:
That,
theapplicant
is
a
citizenof
India
and
is
an
officer
of
1987
Batch
of
Indian
Revenue
Service
(IRS)
working
as
Commissioner
ofIncomeTax
in
Delhi
though
under
orders
of
transfer
to
Ranchi
and
is
competent
toinvoke
the
jurisdictionof
this
Hon'ble
Court
U/s
319
86
311
of
Cr.P.C.
1973
to
gethimselfexaminedby
this
Hon'ble
Court
in
thematter
ofcrime
and
offences
committedinthecase
of
2
 
G
Scam
(CC
No.-l
of
2011
in
RC/45-A/2009/CBI/ACB/New
Delhi
U/s
TheP.C.
Act,
1988)
involving
receipt
of
bribe
moneyin
excess
ofRs.
2,000/-
Crores
in
thecase
of
2G
Scam
currentlyunder
trial
before
this
HonTDle
Court
by
M/s
NDTV
Ltd.,
its
100
%
owned
subsidiaries
{two
foreign
based
companies,
M/s
NPTV
Network
Plc..
uk.
and
*/*
NDTV
Ne*™**
BV.
Holland
(being
10Q
%
owned
subsidiaries
of
M/s
NDTV
Ltd.)
and
5
Indian
companies,
M/s
NDTV
Imagine
Ltd.,M/sNDTVLife
style
Ltd.,
M/s
NDTV
Labs
Ltd.,M/s
NDTV
ConvergenceLtd.and
M/s
NDTV
Media
Services
Ltd.,
(100
%
owned
subsidiaries
of
M/s
NDTV
Ltd.,
since
mergedwith
M/s
NDTV
Ltd.
to
complete
the
money
laundering
exercise)}
alongwith
directors
of
subsidiary
companies,the
Directors,owners
and
employees
and
accomplices
of
M/s
NDTV
Ltd.
including
culpable
Public
servants
like
Ms.
Sumana
Sen
(IRS
99005)
etc.,
for
which
those/accused
persons
are
required
to
be
tried
with
other
accused
in
2G
scam
before
this
Hon'ble
Court
in
the
matter
of
receipt
of
bribe
money
in
excess
ofRs.
2,000/-
Crores
of
2G
scam
by
M/s
NDTV
Ltd.
on
behalf
of
its
accomplice
Public
servants,laundering
of
illegal
slush
money
being
bribe
money
of
2
G
scam
in
excess
of
Rs.
2,000/-
Crores
through
illegal
hawalaroute
arid
fictitious
jamakharch
entries
to
show
that
bribe
money
as
Share
Capital/Share
Contribution
of
100%
owned
subsidiaries
of
M/s
NDTV
Ltd.
thatjwere
deliberately
and
wilfully
not
disclosed
by;
M/s
NDTV
Ltd.
in
itsauditedaccounts
with
the
malafide
intent
to
obstruct
anyinquiry
in
itslaundering
of
illegal
slush
funds
in
excess
of
Rs.
2,000/-
being
bribe
money
of
2G
Scam
though
that
was
mandatory.to
be
disclosed
under
applicable
law,
evasion
of
lawful
taxes
of
Govt,
inexcess
ofRs.
1,200/-
Crores,
embezzlement
of
Publicmoney
to
the
extent
of
Rs.
1,46,82,836/-
through
forgery
andfraud,
payingbribe
and
illegal
gratification
to
Ms.
Sumana
Sen
(IRS
99005),
DCIT,
Circle.
13
(1),
Delhi(the
then)
and
Assessing
Officer
of
M/s
NDTV
Ltd.
under
various
Direct
Tax
Acts
(the
Estate
Duty
Act,
1953
(34
of1953),
theWealth-tax
Act,
1957
(27
of
1957),
the
Expenditure-tax
Act,
1957
(29
of
1957),
the
Gift-tax
Act,
1958
(18
of
1958),
the
Income-tax
Act,
1961
(43
of
1961),
the
Super
Profits
Tax
Act,
1963
(14
of
1963),
the
Interest-tax
Act,
1974
(45
of
*1974),
the
Hotel-Receipts
Tax
Act,
1980
(54
of
198Q);
the
Expenditure-tax
Act,
1987;
and
any
other
duty
or
tax
which,having
regard
to
its
nature
or
incidence,
maybe
declared
by
Central
Govt.
 
-«%•*
*£
IN
THECOURTOFHON'BLE
SRI
O.P.
SAINI,
LD.
SPECIAL
JUDGE,
CBI
COURT,
^
PATIALA
HOUSE
COURT,DELHI.
CCNO.-1/2011
RC/45-A/2009/CBI/ACB
1
New
Delhi
U/s
P.C.
Act,1988.
NDOH
25.11.2011
TN
THEMATTER
OF
:
SI.
No.
1.
CBI
Complainant
Vs.
A
Raja
&
Ors...Respondents
INDEX
Particulars
Application
U/s
319Cr.P.C,1973read
withSection311
Cr.P.C,
1973.
Vakalatnama
Page
No.
1-31
32
New
Delhi
Dt.
24-11-2011
Filed
through
HariharPratap
Singh,
Adv.
405,
Lawyers
Chambers,
Patiala
HouseCourt,
New
Delhi-110001.

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This IT Commissioner was severely reprimanded by the 2G Court and fined Rs.10,000 for filing false cases. Several times reprimanded by cours, facing charges for criminal defamation and also civil defamation by NDTV
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