DHARAMBIR KHATTAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) These four Criminal Revision Petitions under Section 397 read with Section 401of the Code of Criminal Procedure, 1973 (CrPC) are directed against order on charge dated 8th April, 2008 and an order dated 16th April, 2008 passed by the learned Special Judge, Central Bureau of Investigation (CBI) framing charges against each of the petitioners, inter alia, for the offences under Section 120-B Indian Penal Code (IPC) read with Sections 8 and 12 of the Prevention of Corruption Act, 1988 (PCA), under Section 120B IPC read with Sections 7, 8, 13(2), 13(1) (d) PCA and for some of the accused for the substantive offence under Sections 13 (2) read with 13 (1) (d) PCA. Background of the Lift Case

(2.) The present batch of four revision petitions arise from a common charge sheet filed by the CBI in RC No. 25(A)/2003-CBI/ACB/New Delhi. This concerns the unauthorised construction of a lift at a commercial complex at Mahavira Towers, IIIrd Floor, Paschim Vihar and is hereafter referred to as the `lift case. The FIR in this case was registered on 3rd April 2003 under Sections 7, 13(2) read with 13(1) (d) PC Act. In this case Subhash Sharma (Sharma), the former Vice-Chairman of the Delhi Development Authority (DDA) is accused No.1, Dharambir Khattar (Khattar) who allegedly worked as a middleman between public servants and private individuals is accused No.2, Ved Prakash Kaushik an individual and co-conspirator who helped in liaising with the DDA is accused No.3, Pradeep Kapur husband of Kavita Kapur, a partner of a firm M/s APY Hoteliers and Developers is accused No.4. Anil Wadhwa and Yashpal Manocha, the other two partners of the said firm are accused Nos. 5 and 6 respectively. The gist of the case is that the accused acted in criminal conspiracy to commit the aforementioned offences whereby Subhash Sharma used his official position to prevent the demolition of the unauthorised construction of the lift in the commercial complex and subsequently to get it authorized.

(3.) The charge sheet in the Lift Case was filed on 15th July 2004. According to the CBI, the facts and evidence gathered during the investigation revealed disclosed the commission by the accused of offences punishable under Section 120B IPC read with Sections 7, 8, 13(2) read with 13(1) (d) and Section 15 of PCA and substantive offences against some of them. By the impugned order on charge dated 8th April 2008, after discussing the materials gathered by the CBI, the learned Special Judge, CBI discharged accused Yashpal Manocha and held that charges for the aforementioned offences should be framed against the remaining accused. By the subsequent order dated 16th April 2008 the learned Special Judge framed charges against each of the petitioners for the aforementioned offences.