The special CBI court on Thursday dismissed a discharge application filed by Dheeraj Dutt, husband of former Chandigarh sub-divisional megistrate (SDM) Shilpi Pattar, in a 2017 bribery case, holding that there was prima facie material warranting proceedings against him.
The case stems from a complaint filed with the CBI in August 2017 by Tarsem Kumar, who alleged that a bribe was demanded in connection with reconsideration of an order sealing a property at Sector 26, Chandigarh. According to the CBI, an initial demand of ₹5 lakh was reduced to ₹2 lakh through co-accused GS Brar. This bribe was allegedly being taken to de-seal the showroom.
The CBI subsequently laid a trap on August 5, 2017. The court order records that ₹50,000 of the alleged trap money was recovered from Dutt at his residence in Sector 27-C. The money was allegedly concealed under the elastic waistband of the pant he was wearing. The currency notes were found to match the serial numbers recorded in the pre-trap memo.
Dutt sought discharge, arguing that he was neither named in the original complaint nor the FIR and that no allegation of demanding a bribe was made against him.
{{/usCountry}}Dutt sought discharge, arguing that he was neither named in the original complaint nor the FIR and that no allegation of demanding a bribe was made against him.
{{/usCountry}}The CBI opposed the plea, submitting that Dutt’s role emerged during investigation. It relied on the recovery of the alleged bribe money from him, his positive handwash results and the statements of the complainant, independent witnesses and trap-laying officer.
Special judge Bhawna Jain observed that at the stage of framing charges, the court is required only to determine whether there are sufficient grounds to proceed against an accused and is not required to assess the evidence as it would during the trial.
The court noted that Dutt’s alleged response after the recovery of the money, along with the recovery itself, prima facie suggested that he had knowledge of the alleged demand and acceptance of the bribe by his wife. It also noted that his handwash samples tested positive and that the CFSL report was incriminating against him.
The court accordingly declined Dutt’s application for discharge, meaning the proceedings against him will continue.