VIJAY KHANNA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners had filed this petition initially in October, 1994 seeking a writ of mandamus for directing respondents 1 and 2- Union of India and Lt. Governor of Delhi respectively to institute an independent enquiry into the actions taken by the other respondents in collusion with one another against the petitioners and their family members and for a mandamus directing the respondent-authorities to restore to the petitioners from the respondents and in particular respondents 16 and 17 possession of House No.E-224, Sainik Farms, New Delhi.

(2.) It was alleged in the writ petition, inter alia, that the respondents, including senior police officers, in collusion with each other, had involved the petitioners in a large number of false criminal cases, that the petitioners were in an illegal manner dispossessed of their Sainik Farm property, and that the respondents had forged and manufactured various documents with a view to legalise their otherwise illegal trespass in the said property.

(3.) During pendency of the petition, it appears that the Government of National Capital Territory of Delhi entrusted the investigation of FIR No.259/94 lodged by the petitioners at P.S. Ambedkar Nagar, Delhi to the CBI, who registered an FIR under Section 120-B read with Section 420/467/471 Indian Penal Code against some of the respondents. The CBI is also seized of a complaint made by petitioner No.2 on 4th of April 1994 at police post Sainik Farm, P.S. Ambedkar Nagar. Proceedings in respect of those matters, on the basis of intimation submitted by the CBI under Section 165 Cr.P.C., are pending in the Court of Shri V.K. Jain, Metropolitan Magistrate, Patiala House, New Delhi.