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2006 Supreme(Del) 458

High Court Of Delhi
NARAYAN DIWAKAR - Appellant
Versus
C.B.I - Respondent
Decided On : 03/07/2006

Headnote:Criminal Procedure Code, 1973 Section 482 - Constitution of India, 1950 - Article 226 - Petition seeking quashing of FIR - Allegation of conspiracy by accused who was Registrar under Co-operative Societies Act - Claim of protection under section 3 of Judges Protection Act, 1985 - Held that the accused discharging function under Delhi Co-operative Societies Act, 1972 cannot be deemed to be a judge - Petition seeking quashing of FIR, rejected.

       [Paras 15 & 16]

R. C. JAIN, J.

( 1 ) THE petitioner, who was a member of Indian Administrative Services (1969 Batch), and retired from the said service on 30. 6. 2004 on attaining the age of superannuation, has filed this petition under Article 226 of the constitution of India read with Section 482 Cr. P. C. for issuing a writ/order or direction to quash 30 FIRs, fully detailed in Annexure P-5 to the petition, and any other FIR (s) registered by the respondent/cbi in respect of the revival of the Co-operative Group Housing Societies (in short "cghs") during the tenure of the petitioner as Registrar Co-operative Societies, Delhi ("rcs") from March, 2001 to 30th June, 2004 or for deletion of his name from the said FIRs.

( 2 ) BEFORE adverting to the various grounds and pleas on which the quashing of the said FIRs is being sought, it will be useful to notice the background which formed the genesis for the registration of the said FIRs. A Division bench of this Court, seized of a WP (C) 10066/2004, titled as Yogi Raj Krishna cooperative Group Housing Society Ltd. Vs. DDA, on a consideration of the matter directed the CBI to inquire/investigate in the cases of 135 Cooperative group Housing Societies. The relevant portion of the order of the Division bench dated 2. 8. 2005 reads as under:-"we direct the Director of CBI to conduct a thorough investigation in all the matters of 135 Cooperative Societies. It has been stated that in case of four societies the cases have been registered and the apprehension expressed by this court in the earlier orders of a nexus between the builders taking over the cooperative Movement in Delhi has been found to be correct. It is unfortunate that the same has been done, prima facie, as it seems in connivance with the office of the Registrar of Cooperative Societies and the office of the DDA. Land in Delhi is allotted at a predetermined rate and not on the basis of the market value of the land. Cooperative Societies were formed in order to have flats at affordable prices by the middle income group and lower income group. It is the element of profit making in view of difference of market value of land and the value on which land is allotted to the Societies, has resulted in the nexus of builders and officials to reap gain by unholy alliance. If apartments are sold on the basis of market price the very purpose of land given on concessional rate to the Cooperative Societies stands defeated. . . "

( 3 ) IT would appear that pursuant to the said order of the Division Bench, cbi filed its report on 3. 10. 2005 and on a consideration of which, the Division bench passed the following order:"we have also noticed from the second status report filed by the CBI that powerful builders lobby of Delhi is behind the fraudulent revival of such societies having serious social and financial ramification and wider implication on a larger scale. It pointed towards a massive scam in the area of cooperative societies sector, these revived societies were mostly those which were registered with the office of Registrar Cooperative Societies way back in 1970- 1980 and were wound up later by the Registrar Cooperative Societies due to either non appearance, failure to conduct elections of the managing committee, failure to conduct annual general body meetings, failure to conduct annual audit of accounts, non submission of membership list and other documents with the registrar Cooperative Societies for verification. This scan would not have been possible but for the decision taken by the respondents for revival of the society which were hitherto defunct societies in 1970s or in 1980s. . . . "

( 4 ) ON 16. 11. 2005 the CBI filed its final status report and on a consideration of the same, the Division Bench passed an order directing the CBI to act expeditiously in the matter and to see that all the culprits are brought to book in accordance with law. It would appear that even before the passing of the said orders/directions by the Division Bench, the C















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