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    CBI employs rarely-used IPC Clause against 3 CWG scam co-accused

    Synopsis

    With the help of a rarely used clause of the Indian Penal Code inserted in 2005, CBI has filed two fresh chargesheets in the CWG scam

    NEW DELHI: With the help of a rarely used clause of the Indian Penal Code inserted in 2005, CBI has filed two fresh chargesheets in the Commonwealth Games Scam. The two chargesheets, filed under Section 174a of IPC in the Patiala court of special CBI judge Talwant Singh on Tuesday, are a spin-off of the first chargesheet filed in the Commonwealth Games scam in May this year.

    Section 174a of IPC entails up to three years jail to someone who fails to appear under subsection (1) of section 82 of the Code of Criminal Procedure. If one fails to turn up thrice, the imprisonment could extend up to seven years, apart from fine.

    The first supplementary chargesheet named AK Reddy, owner of the Hyderabad-based AKR Constructions, the second one named PD Arya and AK Madan, partners in the Faridabad-based firm Gem International. Reddy, his firm, Arya and Madan were named co-accused in the first CWG chargesheet.

    Reddy, Arya and Madan had been evading arrest since February, but surrendered in the special court at Patiala House after the presiding officer declared them proclaimed offenders. On August 3, CBI attached their moveable properties on the orders of the special court when they still failed to show up. They surrendered before the special judge towards August end.

    CBI has now taken recourse to Section 174a of the IPC to ensure punitive action against Reddy, Arya and Madan. As the three offenders had managed to evade arrest , despite being declared proclaimed offenders, the agency is confident that they will invite punitive action.

    If convicted , they could find themselves in jail for seven years. It is for the first time that CBI has turned to Section 174a of the IPC, which came into force only in early 2006. The first chargesheet CBI filed in the CWG scam on May 20 had accused Organising Committee brass, including chairman Suresh Kalmadi , director-general VK Verma and secretary-general Lalit Bhanot of criminal conspiracy with a clutch of private firms, including Switzerland-based Swiss Timing, to install the timing-scoring-result system at the various venues of the Games at inflated cost, causing a loss of over .


    90 crore to the state exchequer. Reddy’s AKR Constructions was outsourced part of the work by Gem International , which itself was a sub-contractor of Swiss Timing. The Swiss firm, on its part, had walked away with the TSR contract, according to CBI, because of its proximity to Kalmadi and Arya-Madan duo.

    Tightening noose

    CBI uses section 174a of IPC in its additional chargesheets against AK Reddy, PD Arya and AK Madan Section 174a of IPC entails up to three years jail to someone who fails to appear under Section 82 of CrPC.

    If one fails to turn up thrice, the imprisonment could extend up to seven years, apart from fine Reddy, Arya and Madan surrendered in the special court at Patiala House after they were declared proclaimed offenders It is for the first time that CBI has turned to Section 174a of the IPC, which came into force in early 2006.
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