BACHU SINGH Vs. C.B.I.

JUDGEMENT

(1.) Petition under Ss. 397/401 read with Sec. 482 Cr.P.C. has been filed against the Order dtd. 12/4/2004, whereby learned MM had allowed the Application of the Respondent/CBI for condonation of delay in filing the Chargesheet in case RC-46(A/97-DLI) under Sec. 168 IPC.

(2.) The brief facts as per the CBI, are that one Brahampal Singh, Assistant Director and other officials of Horticulture Department of MCD, entered into a criminal conspiracy with Smt. Neelam Sharma (Wife of the Petitioner Bachu Singh) proprietor of M/s. Royal Enterprises to cheat the Department and the aforesaid RC, was registered. During the course of investigations, the house of the Petitioner was raided on 24/11/1995 and some documents were recovered from the house, which were seized by the Investigating Officer Inspector D.M. Sharma, CBI. Further Intelligence Reports were received that the Petitioner Bachu Singh (husband of Smt. Neelam Singh) had been carrying on private business though he was a Public Servant.

(3.) On the basis of this Intelligence Report, Preliminary Enquiry vide PE-21(A/96-DLI) was registered, on 23/12/1996. During the PE, summons were issued to several witnesses under Sec. 160 Cr.P.C. including the present Petitioner, who were examined by CBI.