R C BANSAL Vs. CBI

JUDGEMENT

(1.) These petitions arise out of the order dated 10th July, 2009 passed by the learned Special Judge (CBI), Rohini Courts, Delhi in CC No. 48/2008. Since common questions were stated to be involved in these petitions the same were heard together and are now being disposed of by this common judgment.

(2.) The petitioners R.C. Bansal and Ms. Sujata Chauhan were cited as prosecution witnesses by the Central Bureau of Investigation ( CBI. in short) in its charge-sheet filed in the Court of Special Judge appointed under the Prevention of Corruption Act against some public servants and some private persons for their having committed the offence of cheating and forgery of documents in conspiracy with each other and Section 13 (1) (d) of the Prevention of Corruption Act was also invoked. This case came to be registered on 8th November,2006 by the CBI after it had been directed by a Division Bench of this Court in Civil Writ Petition no. 10066/2004 vide order dated 2nd August,2005 to investigate the functioning of several dormant Co-operative Group Housing Societies. The Society involved in the present case was known by the name of Maharani Avanti Bai Co-operative Group Housing Society Limited. (hereinafter to be referred as the Society.).

(3.) As per the investigation conducted by the CBI through Inspector Surinder Singh, who is the petitioner in Crl. Revision Petition no.575 of 2009, the Society was formed sometime in the year 1983 and from time to time members were enrolled by its Managing Committee. Up to the year 1989 there were 90 members of this Society and further enrolment of members was stopped. However, no land to this Society was allotted for many years and in the meantime its members became disinterested in the running of the Society as the cost of the flats to be constructed had gone very high and beyond their reach. The Society thus became dormant.