IMPORTANT POINT
Investigation into offence and elaborate appreciation of evidence is not required, and is rather discouraged, at stage of framing of charges and only material prima facie establishing a case against or in favour of accused is what is significant.

JUDGMENT

Chandra Dhari Singh, J.—The instant Revision Petition has been preferred by the Revisionist/Petitioner (hereinafter “petitioner”) under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (hereinafter “Cr.P.C.”) seeking setting aside of Order dated 23rd October, 2018 passed by learned Special Judge, CBI-01, PC Act, North West, Rohini, Delhi qua the discharge of the respondents of offences under Sections 120B read with Section 419/420/468/471 of the Indian Penal Code, 1860 (hereinafter “IPC”) read with Section 13(2) and 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter “PC Act”) and substantive offences thereof.

Brief Background

2. Brief facts of the case are as laid down under:

(a) A Society namely, Om Cooperative Group Housing Society Limited (hereinafter “Om CGHS/the Society”) was registered on 5th November, 1982, vide registration No. 480 (GH) having its registered office at 2/827, First Floor, Part-I, Sarai Julena, Okhla Road, Delhi. On 22nd April, 1988, the said Society was put under liquidation.

(b) On 22nd April, 1988, Mr. Kalidass Khanna, the then president of the Society, applied for the cancellation of liquidation and revival of the Society, however, the same was rejected.

(c) Thereafter, on 21st November, 2002, another application was made for revival of the Society and vide Order dated 10th January, 2003 the Society was revived by Mr. Narayan Diwakar, the then Registrar Cooperative Societies, (hereinafter “RCS”), also the Accused No. 1 in the Chargesheet.

(d) The Society, thereafter, applied for allotment of land from the Delhi Development Authority (hereinafter “DDA”) and submitted a list of 115 members for the same and on the basis of the list, the case of the Society was processed by the DDA for allotment.

(e) As per the first Offer-Cum-Demand Letter dated 3rd February, 2003, the Society was given the option to either choose between Dhirpur and Dwarka area for allotment of land and after paying 35% of the land cost on the basis of provisional pre-determined rate.

(f) A savings account, bearing No. 35150, was opened at the Corporation Bank in the name of the Society by Mr. Prem Bhutani/respondent no. 1, Accused No. 10, with Mr. Yashpal, Accused No. 12, as his co-sharer for making the payment in the name of the Society and a pay order of Rs. 1,11,02,400/- and of Rs. 4,00,000/- was issued favouring DDA.

(g) DDA issued Offer Letter dated 3rd February, 2003 and Allotment Letter dated 31st December, 2003 as well as the Possession Letters dated 9th September, 2004 and 11th October, 2004 and the Society was allotted and given possession of a plot of land measuring 6501.52 sq. meters at Plot No. 12, Sector-19, Dwarka, New Delhi by DDA on 15th October, 2004.

(h) A divisional bench of this Court vide Orders dated 9th January, 2006 and 13th February, 2006 in Writ Petition (C) No. 10066/2004 and CMS 15847/2005, directed the petitioner for investigation into allotment of over 90 societies, including Om Cooperative Group Housing Society, with direction to investigate on the aspect of “unholy alliance and connivance between builder mafia and the officers working in the Office of Registrar Co-operative Societies, DDA and the Societies and fraudulent revival of defunct societies.” Pursuant to the Order and directions, a preliminary inquiry No. PE SIJ 2006 E 0001 dated 9th March, 2006 was registered in CBI EOU-VI to enquire the matter relating to Om CGHS.

(i) The enquiry also revealed that official of Registrar of Cooperative Societies (hereinafter “RCS”) had abused their official position as public servants in conspiracy with private persons by accepting fake and fabricated documents to have land allotted to the Om CGHS at a lower price than the prevailing market price.

(j) Subsequently, the petitioner filed a chargesheet against 17 accused, in the case against Om CGHS, including the present respondents.

(k) On 23rd October, 2018 the learned Special Judge-CBI-01, PC Act,