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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
TRIBHUVAN DAHIYA
Associated Journals Limited – Appellant
Versus
Central Bureau of Investigation – Respondent
JUDGMENT :
TRIBHUVAN DAHIYA, J.
These two petitions are being decided together as the petitioners herein are accused in the same transaction concerning which the FIR in question has been lodged.
2. The petitions have been filed for setting aside the orders dated 16.04.2021 passed by learned Special Judge, Central Bureau of Investigation (CBI), Panchkula, whereby charges have been framed against the petitioners-accused, and the application filed on behalf of the petitioner Bhupinder Singh Hooda (hereinafter referred to as, ‘BSH’) under Section 239 read with Section 240 of the Code of Criminal Procedure, 1973 (for short, ‘the Cr.P.C.’), seeking discharge in case FIR No. RC CHG 2017 A0008, dated 05.04.2017, registered under Sections 120-B, 420 IPC, and Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the PC Act’), at Police Station ACB, CBI, Chandigarh, has been dismissed.
Factual background
2.1. This matter pertains to allotment of institutional plot no. C-17, Sector 6, Panchkula, by the Haryana Urban Development Authority (HUDA/Authority), now known as the Haryana Shehri Vikas Pradhikaran. The case was initially registered as FIR No.
(1) Normally, criminal proceedings should not be quashed in exercise of powers under Section 482 Cr.P.C. when after a thorough investigation charge-sheet has been filed – At the stage of discharge an....
The court clarified that prima facie evidence suggests adequate grounds exist to proceed with charges, and that the responsibility for plot allotments must be appropriately examined in trial.
The principle of unjust enrichment and the doctrine of legitimate expectations were central to the court's decision, emphasizing the obligation of the Development Authority to act fairly and reasonab....
Applicability of Prevention of Corruption Act was not restricted to local authorities but referred to any public body having public or statutory duties to perform and which earned on activities of pu....
Process of applying the pick and choose policy and making allotments at the whims and fancies of the persons in power continued in the State.
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