M. L. Tahaliyani, J. - (1.) Heard learned Counsel Mr.A.M.Saraogi for applicant, learned Addl.P.P. Ms.V.S.Mhaispurkar for State-Respondent no.1 and learned Counsel Mr.Rajesh Desai for CBI Respondent no.2.
(2.) The applicant is one of the accused in Special Case no.52 of 2009 pending in the Court of Special Judge under Prevention of Corruption of Act, Mumbai. Chargesheet has been filed by Central Bureau of Investigation after investigation of FIR no.RC/BA1/2009/A0013. In all there are two accused including the applicant. The applicant has been cited as accused no.2. The other accused by name Sunil Nandlal Shah has been cited as accused no.3. One Income Tax Inspector by name Rahul Kumar was originally cited as accused no.1 when the FIR was registered. However, chargesheet has been filed against the applicant and Accused no.3 Sunil Shah.
(3.) The allegations against the applicant are based on the complaint made by Smt.Balwant Kaur resident of Andheri (West), Mumbai. The said Smt.Balwant Kaur had a residential house at Mohali, Chandigarh also. It is stated by her in the complaint that while she was in Chandigarh in the month of November,2008, she received a call from one Mr.Gaikwad who introduced himself as Income Tax officer and told the complainant that there was a summons against her. The applicant who was looking after the Income Tax matters of the complainant was informed. It is alleged that the applicant after a few days had spoken to the complainant and told her that the matter was serious and that the complainant had to visit Mumbai. The complainant, therefore, reached Mumbai on 26.11.2009 and met the applicant at his residence. She was informed by the applicant that he is following the matter and he will let the complainant know about developments in the case.;