# ln the matter of Sanjay Kumar Agarwal Vs. Central Bureau of Investigation, Anti Corruption Bureau, Dhanbad Cr.M.P. No.1048 of 2021

> HC judgment dated 2023-04-05. Citation: TCN-2023-HC-00067. The case involves a petition filed to quash criminal proceedings, including an FIR, against Sanjay…

- **Court:** HC
- **Order date:** 5 Apr 2023
- **Citation:** TCN-2023-HC-00067
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/high-courts-new-delhi/ln-the-matter-of-sanjay-kumar-agarwal-vs-central-bureau-of-investigation-anti-co-b38cbd1a

## Summary

### Background

The case involves a petition filed to quash criminal proceedings, including an FIR, against Sanjay Kumar Agarwal, an Insolvency Professional (IP). The FIR, R.C.1(A)/2020-D, was filed by the CBI, ACB, Dhanbad, under Section 7 of the Prevention of Corruption Act, 1988, alleging that Agarwal demanded a bribe while serving as the Interim Resolution Professional (IRP) for M/s Adi Ispat Private Limited and M/s Bir Ispat Pvt. Ltd. The complainant, Amit Sarawgi, Director of M/s Adi Ispat (P) Limited, alleged that Agarwal demanded Rs. 2,00,000 per month for leniency in the insolvency resolution process and Rs. 20,00,000 for a favorable forensic audit/valuation report.

## Facts

Sanjay Kumar Agarwal, an Insolvency Professional (IP), was appointed as the Interim Resolution Professional (IRP) for M/s Adi Ispat Private Limited and M/s Bir Ispat Pvt. Ltd. by the NCLT. Amit Sarawgi, Director of M/s Adi Ispat (P) Limited, filed a complaint alleging that Agarwal demanded a bribe of Rs. 2,00,000 per month for showing leniency in the insolvency resolution process and Rs. 20,00,000 for a favorable forensic audit/valuation report. The CBI conducted a trap and raid on 2020-02-11 at the company office in Giridih, where Agarwal was allegedly caught accepting illegal gratification. The FIR, R.C.1(A)/2020-D, was filed by the CBI, ACB, Dhanbad, under Section 7 of the Prevention of Corruption Act, 1988. Agarwal then filed a petition to quash the FIR, arguing

…

## Issues and analysis

### Issue 1: Whether a Resolution Professional, as defined under Section 22 of the I&B Code, falls within …

**Ratio:** The definition of 'public servant' under Section 2(c) of the PC Act is broad and

…

**Reasoning:** The court reasoned that the Resolution Professional's role in the insolvency resolution

…

**Interpretation:** The court interpreted the definition of 'public servant' under the PC Act to

…

**Application:** Applying the ratio and reasoning to the facts of the case, the court found that

…

## Parties

- **Judges:** Gautam Kumar…
- **Appellants:** Sanjay Kumar…
- **Respondents:** Adi Ispat Private…; Central Bureau of…

## Timeline

- **2019-11-22 — NCLT Ord…**: NCLT vide order dated 22.11.2019 appointed the petitioner, as interim Resolution…
- **2020-01-06 — NCLT Ord…**: NCLT vide order dated 06.01.2020 appointed the petitioner, as interim Resolution…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 3(19) — Definitions](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-3)

---

This is a preview. The full structured summary, issues, precedents and source judgment are available on CaseEase - Legal Intelligence Simplified: https://caseease.in/cases/ibc/high-courts-new-delhi/ln-the-matter-of-sanjay-kumar-agarwal-vs-central-bureau-of-investigation-anti-co-b38cbd1a