JUDGMENT

Karamjit Singh, J. - This order will dispose of above-mentioned four connected petitions challenging impugned order dated 3.7.2020 passed by the Court of learned Sessions Judge, Gurugram in exercise of the powers under Section 156(3) Cr.P.C vide which the criminal complaint bearing No.COMI-04/2020 dated 3.7.2020 titled as Raman Sharma Vs. K. Makrand Pandurang and others, has been sent to the Police Station Sector-10-A, Gurugram for lodging of FIR and investigation and all consequential proceedings arising therefrom qua the petitioner(s).

2. In CRM-M-18509-2020, the case of the petitioner-Vinay Pratap Singh is that he is a member of Indian Administrative Services and since 31.12.2019, he is discharging his duties as Commissioner, Municipal Corporation, Gurugram honestly and with utmost sincerity.

3. In CRM-M-19253-2020, the case of the petitioners is that petitioner No.1-Jitetnder Yadav is a serving IAS Officer and at present is posted as Administrator, Haryana Shehri Vikas Pradhikaran, Sector-14, Gurugram while petitioner No.2-Vivek Kalia is a serving HCS Officer and is currently posted as Estate Officer-II, Haryana Shehri Vikas Pradhikaran, Infocity, Sector-34, Gurugram and are discharging their duties honestly and with utmost sincerity.

4. In CRM-M-19290-2020, the case of the petitioners is that petitioner No.1-Ravi Parkash Sihag is holding charge of Link Officer, Senior Town Planner, Sector-14 Gurugram; petitioner No.2-Ved Parkash Sehrawat is posted as District Town Planner (Enforcement), Gurugram and petitioner No.3-Ranndil Sher Jatinder Singh Batth is a District Town Planner (Planning & Enforcement), Gurugram and are discharging their duties honestly and with utmost sincerity.

5. In CRM-M-19317-2020, the case of the petitioner-K.Makrand Pandurang is that he is presently posted as Director Town and Country Planning, Haryana and is discharging his duties honestly and with utmost sincerity.

6. The aforesaid criminal complaint was filed under Section 156(3) Cr.P.C. by complainant/respondent No.2 against aforesaid petitioners and some other public servants and 4 private persons for the commission of offences punishable under Sections 166, 109, 188, 212, 268, 269, 278, 283, 285, 286, 287, 290, 291, 336, 337, 338, 339, 403, 406, 420, 463, 465, 467, 468, 471, 120-B IPC, Sections 3, 6, 12 of the Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963; Sections 250, 251, 260, 265, 39, 310, 380, 382, 384 of the Haryana Corporation Act, 1994; Sections 3, 10, 11, 12 of the Haryana Development and Regulations of Urban Areas Act, 1975; Sections 21, 22, 37, 38, 39, 40, 41, 43 of the Air (Prevention and Control of Pollution) Act, 1981; Sections 11, 15, 16, 17, 19, 25 of the Environment (Protection) Act 1986; Sections 20, 32, 33, 41, 42, 43, 44, 45, 45A, 46, 47, 48, 49 of the Water (Prevention and Control of Pollution) Act,1974, Sections 3A, 3B of the Forest Conservation Act, 1980, Supersession of the Municipal Solid Wastes (Management and Handling) Rules, 2000; Sections 133, 143, 461 Cr.P.C.; Sections 7, 8, 11, 12, 13(1)d and 13(2) of the Prevention of Corruption Act, 1988; Sections 3 and 4 of the Prevention of Money Laundering Act, Benami Transaction Act, 2018, Benami Properties Act, 2018.

7. That the summary of allegations as set out in the said criminal complaint is as under:-

i) That a complaint regarding encroachment, illegal construction, spilling garbage, collection of stones, cement, chemicals etc. and running commercial activities on land reserved as 'Green Area' (Green Belt) in the notified 'Open Space' in Sector 94, Gurugram, was filed by the complainant on 24.6.2020 to the various Government agencies/department and police.

ii) That the matter relates to illegal possession and construction of factories, warehouse, residential and commercial buildings in notified 'open space' in Sector 94, Gurugram.

iii) That Sector 94, Gurugram has been notified as Open Space by the Department of Town and C