SPECIAL JUDGE Akhilesh Pandya on Saturday postponed the hearing of ex-DGP Swaraj Puri’s application on quashing the FIR registered against him, stating that the lower court should wait for the order from High Court if the same case is being heard there. Puri has filed a revision petition in this connection at Indore bench of Madhya Pradesh High Court.
Nevertheless, the judge directed Economic Offence Wing (EOW) to inform his court about the order of High Court in connection with the case, which is to be pronounced on October 16. He also asked EOW to submit the inquiry report as per provisions of Section 202 of CrPC.
Meanwhile, hearing the ex-DGP’s revision petition through counsel Vivek Tankha at Indore High Court bench on Saturday, Justice Shyam Sunder Dwivedi ordered EOW to file a reply in response to Puri’s application. The case has been listed for final hearing on October 16.
In its September 15, 2006, order the Special Judge had directed EOW to submit an inquiry report under Section 156 (3) of CrPC to find out whether the allegations made against Puri were true and whether there were sufficient grounds to proceed against him. However, the same Section, which often warrants filing FIR against the accused, was not quoted in the communication notice sent by Special Court to EOW on September 18.
This had created a quaint situation. However, the Special Court resolved it today by giving inquiry directions under Section 202 of CrPC under which FIR could be avoided. Advocate Dr Manohar Dalal appeared on behalf of complainant ex-BJP corporator Mahesh Garg, while Special Prosecutor Ashlesh Sharma pleaded on behalf of EOW today.
The EOW, sources said, may take time to procure documentary evidence from New Delhi to ascertain NRI status of Babulal Somani and the mode and time of inflow of foreign currency to the country among other things. And, it is unlikely that the EOW investigations would be completed by October 16.
In his private complaint, Garg had charged Puri with fudging documents to get admission for his son Shreyas in Shri Govindram Sakseria Institute of Technology and Science (SGSITS) under NRI-sponsored quota where Babulal Somani, who posed as Shreyas’s grandfather, paid Rs 7.50 lakh towards his fee.