JUDGMENT

Index to the Judgment Facts Of The Case ................................................................................................ 2 Submissions At The Bar ...................................................................................... 3 Analysis And Findings ......................................................................................... 5 i. Main Chargesheet: The Case Of Prosecution ............................................. 5 ii. Supplementary Chargesheet: Role Of Petitioner And Other Accused ....... 8 iii. Examining The Material On Record ......................................................... 14 iv. Challenge To Filing Of Supplementary Chargesheet ............................... 16 Conclusion .......................................................................................................... 22 SWARANA KANTA SHARMA, J.

1. The instant petition has been filed by the petitioner under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) seeking quashing of the summoning order dated 03.03.2022, passed by the learned Chief Metropolitan Magistrate, South West, Dwarka Courts, New Delhi, (‘Trial Court’) in Criminal Case No. 8690/2020 titled ‘State vs. Mukesh Kumar Singh’ arising out of FIR No. 55/2020, registered at Police Station Economic Offences Wing, under Sections 420/406/120B of Indian Penal Code, 1860 (‘IPC’) and quashing of the entire criminal case including the supplementary chargesheet qua the petitioner.

FACTS OF THE CASE

2. In a nutshell, the instant FIR was registered on 05.06.2020 at P.S. EOW under Sections 420/406/120B of IPC on the basis of joint complaint of Mr. Arun Banga and 20 other complainants, on the allegations pertaining to commission of offences of cheating, conspiracy, criminal breach of trust, forgery, financial fraud, embezzlement of funds to the tune of Rs. 20 crores, by the office bearers of the „Eminent Officers Welfare Society‟, on the pretext of purchase of land under the land pooling policy of NCT of Delhi for construction of houses for the members of Society, in connivance with M/s. Khushi Properties and Developers Pvt. Ltd.

3. After investigation, chargesheet was filed by the prosecution against co-accused Mukesh Kumar Singh under Sections 409/420/406/423/411/120B of IPC and co-accused Neelam Singh under Sections 409/420/406/411/414/120B of IPC, both directors of M/s. Khushi Properties and Developers Pvt. Ltd., on 13.11.2020.

4. Supplementary chargesheet in the present case was filed on 24.02.2022 against other alleged persons namely Ashok Kumar Kharya i.e. the petitioner, Abhishek Sinha, Vimal Kumar and Pardeep Kumar Thakur under Sections 409/420/406/120B of IPC. Accordingly, by virtue of impugned order dated 03.03.2022, the petitioner as well as other accused persons were summoned to appear by the learned Trial Court. The relevant portion of the order dated

03.03.2022 is reproduced as under:

“One supplementary charge-sheet is filed against accused Vimal Kumar, Pardeep Kumar Thakur, Ashok Kharya and Abhishek Sinha.

Cognizance had already been taken in the main charge-sheet pertaining to FIR No.55/2020. Let copy of supplementary charge-sheet be supplied to accused Mukesh Kumar Singh, Neelam as well as accused Vimal Kumar, Pardeep Kumar Thakur, Ashok Kharya and Abhishek Sinha.

Let this supplementary charge-sheet be annexed with main charge-sheet i.e., FIR bearing no.55/2020.

Let summons be issued to accused Vimal Kumar, Pardeep Kumar Thakur, Ashok Kharya and Abhishek Sinha through IO for next date of hearing.

IO is directed to supply copy of supplementary charge-sheet to accused Mukesh Kumar Singh, Neelam and Vimal Kumar, Pardeep Kumar Thakur, Ashok Kharya and Abhishek Sinha within two days from today.”

SUBMISSIONS AT THE BAR

5. Assailing the filing of supplementary chargesheet as well as summoning order dated 03.03.2022 qua the petitioner, learned counsel for the petitioner states that it was not permissible for the police to file a supplementary charges