New Delhi, January 11,2019: Delhi High Court on Friday rejected quashing of FIR registered against Rakesh Asthana, CBI Special Director and Devender Kumar, CBI Deputy Superintendent of Police (CBI).
Both of them were accused of taking Rs 3 crores in bribe from businessman Sathish Babu Sana to sabotage a money laundering investigation against meat exporter Moin Qureshi.
Senior advocates Amrendra Sharan and Dayan Krishnan, appearing for Asthana and Kumar respectively, argued that the FIR was antedated and it reached the magistrate 52 hours after registration, whereas, as per law it should be placed before the magistrate within 24 hours.
They contended that there was no allegation of demand and acceptance of illegal gratification against Asthana and he cannot be made an accused for the alleged offence under the PC Act.
The Court held that sanction under Section 17A was not required in the instant case. The intent of Section 17A was to provide protection to a public servant to discharge his duties without fear. But when the action of the public servant is criminal, there is no requirement of sanction, held Justice Waziri
The CBI has been directed to complete the investigation within ten weeks.