CRl. M.C 6343/2019

KIRAN TANEJA V STATE 1 /24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 11^th July, 2022

Decided on: 06^th September, 2022

+

CRL.M.C. 6343/2019, CRL.M.As. 42280/2019 & 2069-

70/2020

KIRAN TANEJA

..... Petitioner

Through: Mr.

Siddharth

Luthra,

Senior

Advocate

with

Mr.

Vinod

Kumar,

Mr.Pankaj

Singhal

and

Mr.Hardik Rupal, Advocates.

V

STATE (GNCT OF DELHI)

..... Respondent

Through: Mr. Sanjeev Sabharwal , APP

for the State with SI Barjesh

Redhu, P.S. Inderpuri and

ASI Dinesh Kumar, P.S. AC

Branch.

Mr.

Vikas

Arora

and

Mr. Mohit Dagar, Advocates

for R-2.

Mr. M. K. Ghosh, Advocate

for Impleader in Crl.M.A.

2069/2020.

%

CORAM:

HON’BLE MR. JUSTICE SUDHIR KUMAR JAIN

J U D G M E N T

1.

This judgment shall decide present petition under section 482

code of criminal code of criminal procedure, 1973 (hereinafter referred

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003629

CRl. M.C 6343/2019

KIRAN TANEJA V STATE 2 /24

as “the Code”) for quashing of proceeding and setting aside the orders

dated 27.1.2018, 19.10.2019 and 08.11.2019 passed by the court of

Shri Sanjay Khangwal, ASJ, Special Judge, ACB Delhi in CC bearing

no. 55/17 (332/2019) and application bearing no. 2069/2020 filed by

the applicant Vijay Gautam for impleadment.

2.

The factual background necessary to mention is that Satya Devi

Gautam was the recorded owner of the property bearing no. D-79,

Panchsheel Enclave, New Delhi (hereinafter referred to as“the

property”). Satya Devi Gautam expired on 25.01.2011 and thereafter

Ravi Dutt Gautam became the recorded owner of the property who

expired on 28.04.2011 without leaving any legal heirs. Thereafter,

Renu Joshi r/o D-15, Indra Enclave, Sainik Farm, New Delhi claimed

that the property has been bequeathed to her by virtue of Will stated to

be executed in her favour by Ravi Dutt Gautam wherein she was

mentioned as sole beneficiary.

2.1 Parmil Mittal (hereinafter referred to as“the complainant”) made

a complaint in larger public interest to the Additional Commissioner of

Police, Anti-Corruption Department, Delhi Government, Delhi

regarding illegal and collusive registration of Will stated to be

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003629

CRl. M.C 6343/2019

KIRAN TANEJA V STATE 3 /24

executed by Ravi Dutt Gautam in respect of the property. He stated in

the complaint that after forging Will, it was illegally registered on

27.05.2011 i.e., after the death of Ravi Dutt Gautam by the Sub

Registrar-IV, Delhi Government out of his jurisdiction and the

registration of Will by Sub Registrar-IV, East Delhi was done

knowingly and contrary to the established rules and procedure with a

motive to grab the property illegally having high value. The property

was required to be vested in the Government and to be utilised for

public purpose. Sub Registrar-IV abused his official status in collusion

with the alleged beneficiary.

2.2 The complaint was assigned to Inspector Pankaj Sharma for

inquiry regarding the allegations made against Sub Registrar-IV,

Seelampur. After inquiry and approval from Senior Officers, FIR

bearing no.01/2013 was registered under section 13(1)(d) of

Prevention of Corruption Act,1988 read with sections 420/467/120-B

of the IPC. Inspector Pankaj Sharma during investigation collected the

necessary documents and also seized sale deed stated to be executed

by Renu Joshi in favour of Gurinder Singh Sikka from office of Sub

Registrar-V, Mehrauli and the sale deed stated to be executed by

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/003629

CRl. M.C 6343/2019

KIRAN TANEJA V STATE 4 /24

Gurinder Singh Sikka in favour of Saurabh Joshi, who is son of Renu

Joshi.

2.3 Inspector Pankaj Sharma also seized letter pertaining to mutation