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2025 Supreme(Online)(Del) 48675

JUSTICE (RETD.) S.N. DHINGRA PRESIDENT SAMAY YAAN (SASHAKT SAMAJ) v. ELECTION COMMISSION OF INDIA & ORS.


JUDGMENT

1. These writ petitions under Article 226 of the Constitution of India have been filed seeking transfer of investigation carried out by the Economic Offences Wing in FIR No. 64/2016 dated 23.05.2016 registered at Police Station Economic Offences Wing for offences under Sections 406, 409, 420 & 120B IPC; FIR No.114/2016 dated 04.03.2016 registered at Police Station Sarita Vihar for offences under Sections 420 & 34 IPC and FIR No.116/2016 dated 05.03.2016 registered at Police Station Sarita Vihar for offences under Sections 406, 420 & 34 IPC to a Special Investigative Team (SIT) headed by a retired Judge or to a superior investigating agency being CBI or Special Cell.

2. The facts in brief leading to the filing of the present writ petition are as under:-

a) On 16.12.2005 a company called - A.N. Buildwell (hereinafter referred to as "ANB") was incorporated with three shareholders, namely, Schleicher Intec Pvt. Ltd., having 40% shareholding; M/s B.S. Buildwell Pvt. Ltd., having 40% shareholding and Sunil Gandhi, having 20% shareholding.

b) Material on record indicates that ANB purchased a Plot measuring about 10 Acres in Sector 8, Manesar. It is stated that since ANB did not have

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