P.K. THIRWANI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) This Revision Petition under Section 397/401 is directed against the order dated 09.10.2018, in FIR No. RC. 8(S)/06-SCB-l/DLI, Dated 14.09.2006, registered at CBI, New Delhi, passed by the learned Special Judge, CBI-III, Rohini, Delhi. The learned Special Judge has framed charges under Sections 120B, 420,467,468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 against the petitioner.

(2.) The Uttar Bharat Government Employees CGHS Ltd, (hereinafter referred as 'The Society') is a society registered under the Delhi Co-operative Societies Act. It was registered on 18.12.1983 vide registration No. 973, having its registered office at Room No. 216-A, Sena Bhawan, New Delhi. The members of the Society failed to respond to the notices issued by the Deputy Registrar (NGH). Since no one took interest in the affairs of the Society, the society had become defunct. Lot of discrepancies were found in the working of the Society, and the Society was wound up on 27.11.1990. After about 12 years of its being wound up an application dated 28.11.2000 was filed to the Registrar of Cooperative Societies to revive the Society. The Registrar of the Cooperative Societies summoned the Secretary of the Society along with original records and the Society was revived by an order dated 04.01.2001 passed by the then Registrar of Cooperative Societies, Mr. R.K. Shrivastava, who is also an accused.

(3.) A case was registered by FIR No. RC. 8(S)/06-SCB-l/DLI, Dated 14.09.2006, registered at CBI, New Delhi, under Sections 120B, 420,467,468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act,1988 in pursuance to the orders dated 02.05.2005 and 13.02.2006 of this court in Civil Writ petition No. 10066/2004. A preliminary enquiry being 2006/SCR-III/DLI was registered on 03.03.2006. The enquiry revealed that some of the defunct Cooperative Group Housing Societies ( hereinafter referred as 'CGHS') registered during 1970-80 or thereafter were revived by Registrar, Cooperative Societies (hereinafter referred as 'The RCS') Delhi on the basis of false/forged documents and on the recommendation of the RCS. Land was allotted to these societies by the RCS. The preliminary enquiry was registered to ascertain the genuineness of the office bearers of 5 CGHS including the Society in question. The FIR mentions that after the Society was wound because of the non-compliance of the direction as laid down by the Registrar of Cooperative Societies and after a gap of 12 years a request was made by the accused Mr. M.R. Jumle for revival of the Society to the RCS, Mr. R.K. Shrivastava and for this purpose fake letters and proceedings pertaining to the Society's matters were submitted. As a result of these fake and forged records the Society was revived on 03.01.2001. The FIR states that some of the fake and forged documents were photocopies of proceedings, receipts of share money, affidavits of promoter and members, copies of membership applications, resignations, etc.