Point of Law: In its revisional jurisdiction will not proceed into the enquiry of the records, documents and other evidence in consideration before the learned Special Judge, but shall constrain itself to the findings of the learned Special Judge.

JUDGMENT :

CHANDRA DHARI SINGH, J.

1. The instant matters have been filed by the parties against Order of the learned Special Judge dated 23rd October, 2018 and 29th October, 2018 whereby the learned Special Judge, CBI-01, North West, Rohini, Delhi, had passed the Order on charge against the accused, present petitioners, in RC-S18-2006-E0010 filed by the Central Bureau of Investigation (hereinafter “CBI”).

BRIEF BACKGROUND OF THE MATTER

a. A cooperative Society was registered on 5th November, 1982, namely, Om Cooperative Group Housing Society Limited (hereinafter “the Society”) 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 21st November, 2002, an 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 FIR.

c. 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.

d. 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.

e. A savings account No. 35150 was opened at the Corporation Bank in the name of the Society by Mr. Prem Bhutani, 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.

f. 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.

g. It was alleged that Mr. S.P. Saxena, Accused No. 7, sold the Society to Mr. Rohit Bhuchar, Accused No. 5 for a sum of Rs. 1,15,05,430/- by way of 13 cheques in the name of the Society towards the 35% cost.

h. A divisional bench of this Court in Writ Petition (C) No. 10066/2004 directed the CBI for investigation into allotment of over 90 societies, including Om Cooperative Group Housing Society, with direction to the CBI 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 and subsequently, the CBI filed a chargesheet against 17 accused, in the case against Om CGHS, including the present petitioners, Mr. Rohit Bhuchar, Accused No. 5, Mr. Yashpal Sachdeva, Accused No. 12, Mr. Sushil Chhabra, Accused No. 13, and Mr. Sudhir Kumar Marwaha, Accused No. 15, under Section 120B/420/468/471 of the Indian Penal Code, 1860 (hereinafter “IPC”) read with Section 13 (2)/ 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter “PC Act”) for allegedly entering into criminal conspiracy for reviving the said Society as well as allotment of the land by DDA on the basis of forged and fake documents.

i. On 29th October, 2018 the learned Special Judge passed the impugned Order whereby charges were framed against the petitioners.

j. Thereafter, the petitioners preferred the instant petition to challenge the said Order.

SUBMISSIONS

2. Mr. Mohit Mathur, learned senior counsel appearing on behalf of the Accused No. 15, Mr. Sudhir Kumar Marwaha in Crl MC 1590/2019, submitted that the