Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 260

IN THE HIGH COURT OF DELHI
SUBRAMONIUM PRASAD, J.
P.K. Thirwani – Petitioner
Versus
Central Bureau of Investigation
Crl.Rev.P. No. 1021 of 2018
Decided On : 03-02-2021

Advocate Appeared:
For the Petitioner:Anuj Chauhan, Advocate.
For the Respondent:Anupam S. Sharrma, SPP, Prakarsh Airan, Harpreet Kalsi, Advocates.

The court found that no sanction was required under Section 19 of the Prevention of Corruption Act, 1988 for the offences charged against the petitioner.

Headnote:
Sanction - Prevention of Corruption Act, 1988 Section 19 - Prior sanction required for certain offences against public servants
Fact of the Case:
The case involves charges under Sections 120B, 420,467,468 & 471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 against the petitioner.
Finding of the Court:
The court found that the petitioner was charged for offences under Section 120B and that no sanction was required under Section 19 of the Prevention of Corruption Act, 1988.
Ratio Decidendi: The court held that the protection under Section 197 of the Cr.P.C is available to only those public servants who cannot be removed from their position without prior sanction of the government and are being proceeded against for the acts done by them in discharge of official duty.
Result: The petition is dismissed, and it shall be open to the petitioner to establish before the trial court that the protection under Section 197 of the Cr.P.C is available to him.

JUDGMENT :

1. This Revision Petition under Section 397/401 is directed against the order dated 09.10.2018, in FIR No. RC. 8(S)/06-SCB-l/DLI, Dated 14.09.2006, registered at CBI, New Delhi, passed by the learned Special Judge, CBI-III, Rohini, Delhi. The learned Special Judge has framed charges under Sections 120B, 420,467,468 & 471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 against the petitioner.

2. The Uttar Bharat Government Employees CGHS Ltd, (hereinafter referred as ‘The Society’) is a society registered under the Delhi Co-operative Societies Act. It was registered on 18.12.1983 vide registration No. 973, having its registered office at Room No. 216-A, Sena Bhawan, New Delhi. The members of the Society failed to respond to the notices issued by the Deputy Registrar (NGH). Since no one took interest in the affairs of the Society, the society had become defunct. Lot of discrepancies were found in the working of the Society, and the Society was wound up on 27.11.1990. After about 12 years of its being wound up an application dated 28.11.2000 was filed to the Registrar of Cooperative Societies to revive the Society. The Registrar of the Cooperative Societies summoned the Secretary of the Society along with original records and the Society was revived by an order dated 04.01.2001 passed by the then Registrar of Cooperative Societies, Mr. R.K. Shrivastava, who is also an accused.

3. A case was registered by FIR No. RC. 8(S)/06-SCB-l/DLI, Dated 14.09.2006, registered at CBI, New Delhi, under Sections 120B, 420,467,468 & 471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act,1988 in pursuance to the orders dated 02.05.2005 and 13.02.2006 of this court in Civil Writ petition No. 10066/2004. A preliminary enquiry being 2006/SCR-III/DLI was registered on 03.03.2006. The enquiry revealed that some of the defunct Cooperative Group Housing Societies ( hereinafter referred as ‘CGHS’) registered during 1970-80 or thereafter were revived by Registrar, Cooperative Societies (hereinafter referred as ‘The RCS’) Delhi on the basis of false/forged documents and on the recommendation of the RCS. Land was allotted to these societies by the RCS. The preliminary enquiry was registered to ascertain the genuineness of the office bearers of 5 CGHS including the Society in question. The FIR mentions that after the Society was wound because of the non-compliance of the direction as laid down by the Registrar of Cooperative Societies and after a gap of 12 years a request was made by the accused Mr. M.R. Jumle for revival of the Society to the RCS, Mr. R.K. Shrivastava and for this purpose fake letters and proceedings pertaining to the Society's matters were submitted. As a result of these fake and forged records the Society was revived on 03.01.2001. The FIR states that some of the fake and forged documents were photocopies of proceedings, receipts of share money, affidavits of promoter and members, copies of membership applications, resignations, etc.

4. It is alleged that while submitting its claim for revival of the Society, Mr. M.R. Jumle, the then Secretary of the Society, Mr. Anna Wankhede, (Ex. Dealing Assistant, DDA) and one Mr. Shrichand acted in conspiracy with the officials in the office of RCS and produced forged records pertaining to claim of revival of the Society. During the investigation it has been found prima facie that Mr. Srichand (A-1), Mr. Anna Wankhade (A-2), Mr. M.R Jumle (A-3) and Mr. S.P. Saxena (A-8) had forged various records of the Society for the purpose of revival of the same in conspiracy with RCS officials namely Mr. G.S. Bisht (A-4), Mr. Yogi Raj (A-5), Mr. P.K Thirwani, the petitioner herein (A-6), and Mr. R.K Shrivastava (A-7) forged and used the said documents and got the Society fraudulently revived by abuse of official position of said public servants. Pursuant to said fraudulent revival, land was also allotted to this Society by DDA.

5. After in