Monday, Nov 24, 2014

Court dismisses impersonation charge against man

Express News Service | New Delhi | Posted: January 17, 2014 3:50 am

Last year, the CBI booked Sanjeev Kumar on the charge of impersonation. Kumar had allegedly claimed he was an Officer on Special Duty (OSD) with the Central Vigilance Commission (CVC).

He moved a sessions court against the charge, claiming since there was no one named Sanjeev Kumar posted as an OSD in the CVC, he had not impersonated anyone. On Wednesday, the court quashed the charge of impersonation against him.

Impersonation of a public officer is an offence under Section 170 of the IPCDe, which penalises anyone pretending to “hold any particular office as a public servant, knowing that he does not hold such office or falsely personates any other person holding such office, and in such assumed character does or attempts to do any act under colour of such office”.

Additional Sessions Judge Daya Prakash allowed Kumar’s revision application on the ground that there was no living person whom the accused could be said to have impersonated.

The judge also observed that the in its chargesheet, the CBI mentioned that the complaint against Kumar was filed by an anonymous source. “In absence of any complaint of a living person of whom pretension has been made, the case of CBI falls,” the judge ruled.

The CBI argued that in addition to availing gift facility from a store, it had recovered two letters from his car, addressed to Kumar as OSD, CVC. The judge dismissed the argument, observing that “the case against the accused can be described at stage of ‘preparation’, not even reaching at the stage of attempt”.

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