BIRENDER SINGH YADAV Vs. CBI

JUDGEMENT

(1.) The present applications have been filed by the petitioners under Section 482 The Code of Criminal procedure, 1973 (hereinafter referred as Cr. P.C) for clarification and modification of the order dated 30.10.2017, passed by this court.

(2.) The brief facts of the case as per the prosecution is that the work regarding dense carpeting of the internal roads in Sector-7, Pocket-1, Dwarka, Delhi was allotted to the proprietor R.P. Singhal by MCD (Project Division), Najafgarh, Delhi. The MCD officials in order to gain undue advantage, accepted and processed a forged third party quality check report which was purported to have been prepared by Dr. Sangita, (CRRI). As per CBI, no such report was sent by CRRI and the original report of CRRI which showed that the sample failed was received in EE and was given to the present petitioner Birender Singh Yadav who acted dishonestly by not processing the original CRRI Report dated 18.03.2009. The present petitioners forwarded the running bills of the work allotted along with forged CRRI report for undue payment to the contracting firm. The case was registered against the petitioners but charge sheet was filed by CBI only against Dr. Sangita and Mr. R.P.Singhal as sanction was obtained only against these two accused.

(3.) Several attempts were made by the CBI, but no sanction was granted against the petitioners by the competent authority, however the Special Judge, CBI-01, Central District, Delhi took cognizance under Sections 120-B r/w Sections 420 , 471 , 477-A IPC & Section 13(2) r/w Section 13(1)(d) of the PC Act and the charges for the substantive offences punishable u/s 420,471 r/w Sec. 465,477-A IPC against the petitioners and thereby framed charges under Section 420 , 471 r/w Sec. 465,477-A IPC and issued summons.