ANUP KUMAR SRIVASTAVA Vs. STATE

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as "the Code" only) seeks quashing of the FIR registered vide RC No.56(A) of 96 dated 9th July, 1996 under Section 120-B and 109 IPC read with Section 9 of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act" only). It is also prayed that the report under Section 173 of the Code and the cognizance taken by the Court of learned Special Judge, Delhi in pursuance thereof may also be quashed.

(2.) The facts relevant for the disposal of this petition, briefly stated are, that the respondent-CBI received a source information that the accused mentioned in Column No.1 had entered into a conspiracy during the period December, 1993 to May, 1994 to obtain illegal gratification for a public servant for providing NOC to M/s.Jagjiwan Co-operative House Building Society Limited to start building activity. It was alleged that in pursuance of the said criminal conspiracy, the petitioner herein and his co-accused S.M.Batra, who was working as OSD to a former Governor of Haryana, induced the office bearers of the said Society to pay Rs.30 lacs to accused Ratan Kaul, son-in-law of Smt.Sheela Kaul, the then Minister for Urban Development in Government of India. It was also alleged that the office bearers of the aforesaid Society, were taken to the residence of Smt.Sheela Kaul by the present petitioner and S.M.Batra where Hawa Singh, co-accused, handed over a bag containing Rs.5 lacs to co-accused Ratan Kaul as per the directions of the petitioner. Thereafter, further payments were made by way of bank drafts favouring Ratan Kaul, Vivek Kaul, Ashish Kaul, Shantanu Kaul, Suresh Butani and Smt. Manju Madan. These were given by the Society between the period 25.4.1994 to 6.5.1994. The details of the bankers cheques issued in the names of aforesaid persons have been given in the charge-sheet. NOC was not issued but the Society was pressed to pay the entire amount of Rs.30 lacs.

(3.) The file pertaining to the grant of NOC to the Society came into movement and was dealt with at different levels but when the NOC was not issued, co-accused R.P.Gupta, an office bearer of the Society addressed a letter dated 18.7.1994 to the petitioner with a copy to Ratan Kaul mentioning the details of the payments made by them. Photocopies of the said letters were recovered from the residence of accused Ratan Kaul and S.M.Batra in the course of a search on 10.7.1996. A letter dated 10.8.1994 was also written by R.P.Gupta, co-accused to Ms.Deepa Kaul, wife of Ratan Kaul reiterating the fact that in spite of making payments the work of the Society had not been done. Another letter dated 31.8.1994 was addressed to Ratan Kaul at the address of official residence of Smt.Sheela Kaul mentioning therein the factum of payments to Ratan Kaul. On 19.12.1994, a telegram was also sent by co-accused Hawa Singh, Vice-President of the Society intimating draft numbers and dates of encashment thereof which were handed over by them to Ratan Kaul. The investigations conducted by the CBI confirmed the above deal between the co-accused. The statement of O.P.Sahni, who was also one of the office bearers of the Society, fully supported the allegations. A report under Section 173 of the Code was filed. Out of the nine accused originally arrainged, five were kept in Column No.2 and charge-sheet was filed against eight accused which included the petitioner, S.M.Batra, Ratan Kaul, Smt.Manju Madan and four office bearers of the Society.