CBI vs CBI graft case: Delhi Court discharges all 3 accused, says prosecution failed to make out any prima facie case
Apr 11, 2023
New Delhi [India], April 11 : A Delhi Court has discharged three people in a bribery case, also known as the CBI vs CBI case after noting that the prosecution has failed to make out any prima facie case against any of the three accused.
The Principal District and Sessions Judge- cum-Special Judge Vinay Kumar Gupta (PC Act) (CBI) recently passed the order after going through all submissions and records.
Court said, "In view of the analysis and discussion based on evaluation of the entire evidence including statements of witnesses recorded u/s.164 Cr.P.C. and u/s.161Cr.P.C., the documents placed on record, I am of the considered opinion that the prosecution has failed to make out any prima facie case against any of the three Manoj Prasad, Somesh Prasad @Someshwar Srivastava and Sunil Mittal - accused persons for the offences u/s. 120B r/w. Section 420 IPC, u/s. 120B r/w. Section 385 IPC, Section 120B IPC r/w. Sections 7A and 8 PC Act and sufficient grounds do not exist to proceed against them and on such all the three are liable to be discharged."
"Accordingly, all three accused persons Manoj Prasad, Somesh Prasad @Someshwar Srivastava and Sunil Mittal are discharged," said the court.
The CBI had also named its own Special Director, Rakesh Asthana, Deputy Superintendent of Police (DSP) Devender Kumar and other unknown public servants and private persons in an FIR lodged in October 2018.
CBI had registered the case on the basis of a complaint from Hyderabad-based businessman Satish Sana, facing a probe in the 2017 case allegedly involving meat exporter Moin Qureshi.
Dubai-based businessman and alleged middleman Manoj Prasad has been made an accused in the case.
The CBI probed Asthana and Kumar for allegedly accepting a bribe in exchange for giving a clean chit to Hyderabad-based businessman Sathish Babu Sana.
Asthana had also accused former CBI Director Alok Verma of trying to falsely implicate him in the case, following which the Centre sent both the officers on leave at that time.
