Middleman moves HC for quashing of FIR in bribery case against him, Asthana

An accused, arrested in connection with bribery allegations involving CBI's Special Director Rakesh Asthana, Friday approached the Delhi High Court seeking quashing of an FIR registered against him.

The petition filed by businessman and middleman Manoj Prasad is likely to come up for hearing on Monday, when the court will also hear two separate but similar pleas of Asthana and the agency's Deputy Superintendent of Police Devender Kumar, who was also arrested by the CBI on October 22.

Prasad, who is in CBI custody till October 30, sought quashing of the FIR lodged on October 15 and to stay the investigation by the agency till disposal of the petition.

Prasad, a resident of Burj Khalifa in Dubai, has made the CBI, its chief Alok Kumar Verma, Superintendent of Police S S Gurm, Deputy Superintendent Ajay Kumar Bassi as respondents in the matter.

He has also arrayed as a respondent the Hyderabad-based businessman Sathish Babu Sana, on whose complaint the FIR was lodged.

Prasad's sister has filed the petition on his behalf.

The high court had on October 23 directed the CBI to maintain status quo on the criminal proceedings initiated against Asthana, who has challenged the FIR lodged against him on bribery allegations.

Although the CBI cannot arrest Asthana till October 29, the next date of hearing, the high court had clarified that there was no stay on the probe considering the nature and gravity of the case.

The court had issued notices and sought responses of the probe agency, Verma as also Joint Director A K Sharma on both the petitions.

The notice has also been issued to the Department of Personnel and Training (DoPT), which has jurisdiction over the CBI and its permission is required for investigations against bureaucrats.

The CBI counsel had said the charges against Asthana were serious and the agency was investigating the matter and is likely to add more offences in the FIR.

Asthana's advocate had claimed it was a case of malafide and illegal registration of FIR against the Special CBI Director which is based on the statement of an accused.

Kumar's counsel had also sought quashing of the FIR against the officer.

Asthana has also sought direction to call records of the case and other documents and that no coercive action be taken against him by the CBI.

The CBI had on October 22 arrested its DSP, Kumar, in connection with bribery allegations involving the investigative agency's second-in-command, Asthana.

Kumar, earlier the investigating officer in a case involving meat exporter Moin Qureshi, was arrested on the allegations of forgery in recording the statement of businessman Sathish Sana, who had alleged to have paid bribe of Rs 2 crore through Manoj Prasad to get relief in the case.

Asthana has claimed that CBI chief Verma in collusion with the joint director and other officers registered the case against him without verifying the complaint made by Sana or conducting any enquiry.

"In the background of the above facts, the present proceedings are not only a shocking portrayal of misuse of the authority which not only undermine the credibility of institution and morale of the force, but also illustrate that the Respondent No. 2 (Verma) is misusing his position to achieve all illegal goals," he has alleged in his petition.