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*

IN THE HIGH COURT OF DELHI AT NEW DELHI

%

Reserved on: 3^rd February, 2022

Pronounced on: 4^th April, 2022

+

CRL.M.C. 1590/2019 & CRL.M.A. 6356/2019

SUDHIR KUMAR MARWAHA

..... Petitioner

Through:

Mr. Mohit Mathur, Sr. Advocate

with Mr. Manish Kaushik,

Advocate.

versus

CENTRAL BUREAU OF INVESTIGATION

..... Respondent

Through:

Mr. Nikhil Goel, SPP with Mr.

Vinay Mathew and Mr. Aditya

Roy, Advocates

+

CRL.REV.P. 1160/2018, CRL.M.A. 50222/2018 & CRL.M.A.

13911/2021

ROHIT BHUCHAR

..... Petitioner

Through:

Mr. N. Hariharan, Sr. Advocate

with Mr. Prateek Bhalla, Mr.Varun

Deswal,

Mr.

Siddharth

Singh

Yadav and Ms. Punya Rekha

Angra, Advocates

versus

CENTRAL BUREAU OF INVESTIGATION

..... Respondent

Through:

Mr. Nikhil Goel, SPP with Mr.

Vinay Mathew and Mr. Aditya

Roy, Advocates

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001211

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+

W.P.(CRL) 1608/2019 & CRL.M.A. 11733/2019

YASHPAL SACHDEVA & ANR

..... Petitioner

Through:

Mr. P.S. Singal, Advocate

versus

CBI

..... Respondent

Through:

Mr. Nikhil Goel, SPP with Mr.

Vinay Mathew and Mr. Aditya

Roy, Advocates

CORAM:

HON’BLE MR. JUSTICE CHANDRA DHARI SINGH

J U D G M E N T

CHANDRA DHARI SINGH, J.

1.

The instant matters have been filed by the parties against Order of

the learned Special Judge dated 23^rd October, 2018 and 29^th October,

2018 whereby the learned Special Judge, CBI-01, North West, Rohini,

Delhi, had passed the Order on charge against the accused, present

petitioners, in RC-S18-2006-E0010 filed by the Central Bureau of

Investigation (hereinafter “CBI”).

BRIEF BACKGROUND OF THE MATTER

a.

A cooperative Society was registered on 5^th November, 1982,

namely, Om Cooperative Group Housing Society Limited (hereinafter

“the Society”) vide registration No. 480 (GH) having its registered office

at 2/827, First Floor, Part-I, Sarai Julena, Okhla Road, Delhi. On 22^nd

April, 1988, the said Society was put under liquidation.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001211

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b.

On 21^st November, 2002, an application was made for revival of

the Society and vide Order dated 10^th January, 2003 the Society was

revived by Mr. Narayan Diwakar, the then Registrar Cooperative

Societies, (hereinafter “RCS”), also the Accused No. 1 in the FIR.

c.

The Society, thereafter, applied for allotment of land from the

Delhi Development Authority (hereinafter “DDA”) and submitted a list of

115 members for the same and on the basis of the list, the case of the

Society was processed by the DDA for allotment.

d.

As per the first Offer-Cum-Demand Letter dated 3^rd February,

2003, the Society was given the option to either choose between Dhirpur

and Dwarka area for allotment of land and after paying 35% of the land

cost on the basis of provisional pre-determined rate.

e.

A savings account No. 35150 was opened at the Corporation Bank

in the name of the Society by Mr. Prem Bhutani, Accused No. 10, with

Mr. Yashpal, Accused No. 12, as his co-sharer for making the payment in

the name of the Society and a pay order of Rs. 1,11,02,400/- and of Rs.

4,00,000/- was issued favouring DDA.

f.

DDA issued Offer Letter dated 3^rd February, 2003 and Allotment

Letter dated 31^st December, 2003 as well as the Possession Letters dated

9^th September, 2004 and 11^th October, 2004 and the Society was allotted

and given possession of a plot of land measuring 6501.52 sq. meters at

Plot No. 12, Sector-19, Dwarka, New Delhi by DDA on 15^th October,

2004.

g.

It was alleged that Mr. S.P. Saxena, Accused No. 7, sold the

Society to Mr. Rohit Bhuchar, Accused No. 5 for a sum of Rs.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001211

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1,15,05,430/- by way of 13 cheques in the name of the Society towards

the 35% cost.

h.

A divisional bench of this Court in Writ Petition (C) No.

10066/2004 directed the CBI for investigation into a