SUDHIR KUMAR MARWAHA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The instant matters have been filed by the parties against Order of the learned Special Judge dtd. 23/10/2018 and 29/10/2018 whereby the learned Special Judge, CBI-01, North West, Rohini, Delhi, had passed the Order on charge against the accused, present petitioners, in RC-S18-2006-E0010 filed by the Central Bureau of Investigation (hereinafter "CBI").

(2.) Mr. Mohit Mathur, learned senior counsel appearing on behalf of the Accused No. 15, Mr. Sudhir Kumar Marwaha in Crl MC 1590/2019, submitted that the impugned Order framing charges against Accused No.15 is erroneous as he had no role in the alleged criminal conspiracy, had only been roped in to be a part of the alleged criminal conspiracy and had joined the Society only on 20/2/2003, that is much later to the revival of Society on 10/1/2003. The charges have been framed against him under Sec. 468/471/420 and Sec. 120B of the IPC, despite the fact that he did not take any part in the course of some transactions as under the requirement of Sec. 223 of the Cr.P.C.

(3.) It is submitted that Mr. Sudhir Kumar Marwaha could not have been involved in the requirement of meeting of mind for criminal conspiracy in so far as he became the member of the Society after the object of such alleged conspiracy, that is the revival of the Society had already been achieved and concluded. There was neither any meeting of mind nor was Mr. Sudhir Kumar Marwaha involved in any manner with the public servants. Learned senior counsel relied upon the case Indira Dalal vs. State of Haryana, (2015) 11 SCC 31, wherein the Hon'ble Supreme Court held that once the object of the conspiracy has been achieved the subsequent act, even if unlawful, would not make the accused a part pf that conspiracy. He further relied upon John Pandian vs. State, (2010) 14 SCC 129, wherein the Hon'ble Supreme Court observed that there must be a meeting of minds resulting in timely decision taken by the conspirators regarding the commission of offence, to submit that it had not been alleged that there was meeting of minds of Mr. Sudhir Kumar Marwaha with any of the other accused persons. It was further observed in the judgment that the essence of the offence of conspiracy is neither in doing or completion, nor even in the attempt to do a particular unlawful act, but in forming of the scheme or agreement between the parties. It is submitted that there was no iota of evidence to establish that Mr. Sudhir Kumar Marwaha had any dishonest intention or knowledge as to what all transpired before the RCS or in the process of revival.