SANJEEV JAIN Vs. STATE

JUDGEMENT

(1.) On directions of this Court in Civil Writ Petition No. 10066 of 2004, a case was registered by CBI vide RC/EOU-I 2006 E 0007 and investigation was done by CBI. After investigation, charge sheet was filed and learned Metropolitan Magistrate vide its order dated 25th September, 2008 discharged accused Sanjeev Jain while directed for framing charge against other accused persons under provisions of Indian Penal Code.

(2.) Against the order of learned Metropolitan Magistrate, a writ petition was preferred by CBI and learned Special Judge for CBI, Karkardooma Courts vide his order dated 6th February, 2010 reversed the order of discharge of Sanjeev Jain and observed that role of Sanjeev Jain cannot be segregated from his accomplices to the crime and he directed for framing charges against accused Sanjeev Jain as well. This order of learned Special Judge, CBI has been assailed by this petition under Section 482 Cr.P.C.

(3.) During the pendency of aforesaid writ petition and other writ petitions, it had come to notice of this Court that in order to take land from DDA on concessional rates several dead Group Housing Cooperative Societies were revived on the basis of forged documents and fake members were enrolled due to an active role played by the then Registrar of Cooperative Societies and this Court, therefore, directed CBI to do a thorough investigation. The present F.I.R. was registered in respect of Group Housing Society named Manas Pratyasa Group Housing Society Limited.