$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 10^th March, 2025 + W.P.(CRL) 562/2016

1. MR. RAJINDER SINGH S/o Late Budh Singh R/o Flat No.66, Panchdeep Appartment Vikas Puri, New Delhi

2. MS. RUCHI SALWAN W/o Sh. Jitender Salwan R/o Flat No.2, Panchdeep Apartments, Vikas Puri, New Delhi.

3. MS. SHASHI ARORA W/o Sh. Vijay Arora R/o 104, Panchdeep Apartments, Vikas Puri, New Delhi.

4. MRS. SUDERSHAN SACHDEVA W/o Sh. D.R. Sachdeva R/o Flat No.41, Panchdeep Apartments, Vikas Puri, New Delhi.

5. MRS. RAVI CHOPRA W/o Sh. Subhash Chopra, R/o flat No.42, Panchdeep Apartments, Vikas Puri, New Delhi.

6. MRS. MORVEENA MASSEY W.P.(CRL) 562/2016 Page 1 of 10 Signature Not Verified Digitally Signed D/o Late Yusuf Massey R/o Flat No.85, Panchdeep Apartments, Vikas Puri, New Delhi.

7. MR. K.K. SHARMA S/o Late T.C. Sharma R/o Flat No.100, Panchdeep Apartments, Vikas Puri, New Delhi.

8. MS. URMIL BATRA W/o Late Sh. R.P. Batra R/o Flat No.62, Panchdeep Apartments, Vikas Puri, New Delhi.

9. MR. HARISH RANA S/o Sh. R.S. Rana R/o Flat No.01, Panchdeep Apartments, Vikas Puri, New Delhi.

10. MR. G.S. PRASAD S/o Late Chander Deep R/o Flat No.98, Panchdeep Apartments, Vikas Puri, New Delhi.

11. MR. KAWALJIT SINGH S/o S. Makhan Singh R/o Flat No.8, Panchdeep Apartments, Vikas Puri, New Delhi.

12. MRS. KUMUD CHOPRA W/o Sh. Raman Kumar R/o Flat No.21, Panchdeep Apartments, Vikas Puri, New Delhi.

W.P.(CRL) 562/2016 Page 2 of 10 Signature Not Verified Digitally Signed

13. MR. RANJIT SINGH RANA S/o Sh. Bhagwan Singh Rana R/o Flat No.81, Panchdeep Apartments, Vikas Puri, New Delhi.

14. MR. DAMMIAN TIGGA S/o Sh. A. Tigga R/o Flat No.92, Panchdeep Apartments, Vikas Puri, New Delhi.

.....Petitioners Through: Mr. Kunal Kalra, Advocate.

versus

1. GOVT OF NCT OF DELHI Through Registrar of Cooperative Societies The office of RCS Parliament Street New Delhi.

2. M/S PANCHDEEP CGHS LTD.

Through its Secretary/President Panchdeep Appartment Vikas Puri, New Delhi.

3. MR. R.K. MUDGIL Ex-Secretary of Panchdeep CGHS Flat No.6, Panchdeep Appartment Vikas Puri, New Delhi.

4. MR. M.P. SHARMA Ex.-President of Panchdeep CGHS Flat No.58, Panchdeep Appartment, Vikas Puri, New Delhi.

5. MRS. L.S. SINGH Ex.-Vice President of Panchdeep CGHS W.P.(CRL) 562/2016 Page 3 of 10 Signature Not Verified Digitally Signed Flat No.33, Panchdeep Appartment Vikas Puri, New Delhi.

.....Respondents Through: Mr. Dhruv Rohatgi, Ms. Chandrika Sachdev and Mr. Dhruv Kumar, Advocates for R-1 (RCS).

Ms. Rupali Bandhopadhya, Ld. ASC for the State with Mr. Abhijeet Kumar, Advocate and SI Mohit Verma P.S. Parliament Street.

Mr. Sandeep Kumar, Advocate for R-

2 CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral)

1. A Writ Petition under Article 226 and 227 of Constitution of India read with Section 482 Cr.P.C has been filed by the Petitioners for directing Respondent No.1/ Government of NCT of Delhi to take action on the Complaints under Section 118 of DCS Act, 2003 and for investigations of the fraud and embezzlement against Respondent No.3 to 5.

2. The brief facts are that Respondent No.2 i.e. Panchdeep CGHS Limited was constituted by the employees of ESIC and 104 flats were constructed. The Respondent No.3 Mr. R.K. Mudgil was working as one of the Peon in ESIC and was having limited source of income from his salary. Since beginning, he actively participated in the affairs of the Society and was made its Secretary. Since the year 1986 Respondent No.3 and 4 were managing the affairs of the Society except for the period of one year i.e. 1991 and some other Members namely G.S. Prasad (Treasurer) and Mrs. Rama Arora (Secretary) were elected as the Members of the Executive W.P.(CRL) 562/2016 Page 4 of 10 Signature Not Verified Digitally Signed Committee. In that period, the old records of the Society were not handed over by Respondent No.3 and 4 to the then Managing Committee despite several correspondence and Complaints. Ultimately, the Managing Committee resigned in the month of April, 1991. Since then