LAWS(DLH)-2012-12-14

NAVEEN GARG Vs. STATE OF NCT OF DELHI

Decided On December 03, 2012
Naveen Garg Appellant
V/S
STATE OF NCT OF DELHI Respondents

JUDGEMENT

(1.) Vide the instant petition, petitioners have sought to quash the Crl. Complaint No. 493/2011 dated 06.09.2011, the impugned order dated 12.12.2011 and also to set aside/quash the consequent FIR registered vide No. 394/2011 at P.S.-Pul Prahladpur, under Section 13 of Prevention of Corruption Act r/w Sections 345/461 of Delhi Municipal Corporation Act r/w Sections 406/420/466/467/468/471/ 120-B/34 I.P.C.

(2.) Mr. Rakesh Tikku, ld. Sr. Advocate appearing on behalf of the petitioners submitted that respondent no. 2 initially filed a Complaint Case no. 440/2011 under Section 156 (3) Cr.P.C. wherein police officers were impleaded as respondent nos. 1 to 4, Commissioner, Land Management, Delhi Development Authority as respondent no. 5 and respondent nos. 7 to 13 were Officers of MCD, and thereby sought directions against the accused persons in committing the Offence in terms of the order of this Court (High Court) in W.P. (C) No. 4771 of 1993 vide its order dated 03.11.1997.

(3.) Thereupon, Ld. MM-5 (SE) vide its order dated 06.06.2011 has passed the following order:-