LAWS(DLH)-2014-10-150

ASHOK JAIN Vs. C.B.I.

Decided On October 13, 2014
ASHOK JAIN Appellant
V/S
C.B.I. Respondents

JUDGEMENT

(1.) BY way of the present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.'), the petitioner has challenged order dated 04.05.2012 passed by learned Special Judge (PC Act), CBI -08, Central, Delhi whereby the petitioner was charged for the offences under Section 120B IPC read with Sections 420/467/468/471 IPC and Section 13(2) r/w Section 13(1)(d) of the PC Act and Section 420 IPC r/w Section 120B IPC and consequently charges were framed on 30.08.2012.

(2.) THE factual matrix of the case are that on the complaint of Mr.D.K. Thakur, case bearing No.RC34(A)/2007 -DLI was registered, wherein complainant has alleged that during the period 2006 -07, Sumer Chand Garg (Assistant Director) and Atul Vashisht (UDC), both officials of Slum Upgradation and Relocation (SUR), Slum & JJ Department, MCD entered into criminal conspiracy among themselves along with Ashok Malhotra, Ashok Jain (petitioner) and others for the purpose of allotting the plots under Resettlement Scheme in the name of fictitious/ineligible persons. In furtherance of the said conspiracy, fake/forged documents like ration cards, identity proof cards etc. were prepared and used in the name of fictitious persons for allotting of 11 plots at J Block, Sector -16, Rohini under re -settlement scheme.

(3.) VIDE order dated 04.05.2012, learned trial Court found a prima facie case for the offences under Section 120B IPC read with Sections 420/467/468/471 IPC and Section 13(2) r/w Section 13(1)(d) of the PC Act and Section 420 IPC r/w Section 120B IPC against the petitioner and the charges were framed on 30.08.2012.