STATE Vs. INDER KUMAR SHARMA

JUDGEMENT

(1.) Central Bureau of Investigation (CBI) has impugned the order dated 31.1.2003 passed by the Special Judge, CBI wherein the non- applicant Inder Kumar Sharma had been discharged on the ground of an invalid sanction under Section 197 of the Cr.P.C.

(2.) Petitioner at the relevant was the Deputy Director (Lands) in the Delhi Development Authority (DDA). Allegations, in short, against him are that he i.e. Inder Kumar Sharma along with three other co-accused namely D.P.Bahuguna, Om Prakash Saklecha and Satbir Singh Tyagi had conspired with each other during trie month of August 1978 to show the unauthorized possession of co- accused Om Prakash Saklecha S/o Sh.V.K.Saklecha, the then Chief Minister of Madhya Pradesh over DDA land i.e. a 150 square yards plot in Ashok Nagar, Block D, Naiwala Estate. In furtherance of the common object of this conspiracy the co-accused along with the present petitioner had manipulated false proceedings, assessed damages and initiated proceedings for eviction so as to allot a commercial plot to Om Prakash Saklecha.

(3.) On 16.8.1978 Sh. Prakash Chand Gupta, Tehsildar posted in the DDA was summoned in the room of D.P.Bahuguna where L.K.Joshi and the present petitioner were also present A slip containing the name of Saraswati Devi Bolya and Ravinder Kumar was given to him by Mr.Bahuguna with the direction to get a complaint prepared showing the unauthorized possession over the said DDA land by those persons and to initiate eviction proceedings against them as also to impose damages against them. The presence of the petitioner in this meeting was the first allegation levelled against him.