SONDHI Vs. CENTRAL BUREU OF INVESTIGATION

JUDGEMENT

(1.) Heard Sri D.K. Mishra, learned senior counsel for the petitioner and Sri Dilip Das, the learned Spl. P.P. for C.B.I. Sri A.B. Gupta, Inspector of C.B.I., now posted at Calcutta, Investigating Officer of this case, is present in the Court with the connected records.

(2.) On an F.I.R. filed by Shri Suresh Garodia, who complained about a big fraud committed by an employee of the Delhi Development Authority, in short, D D.A., case No. RC-12(A)/96/SHG dated 6.3.96 was registered and investigated. After detailed investigation C.B.I, submitted charge-sheet against the two persons, namely, 1. Brigadier Omesh Kumar Sondhi and (2) Om Prakash Dhakodia. In the Special Case No. 7(C)/97, the learned Special Judge, vide order dated 26.8.1998, framed charges against both the accused persons under Section 120B/420 IPC. A separate charge under Section 468 IPC and under Section 13(1)(D) of the Prevention of Corruption Act was framed against O.P. Dhakolia. The present revision has been preferred by Brigadier O.K. Sondhi against the said order framing charges against him.

(3.) The facts relevant for the purpose, in brief, are that, a flat at Basant Kunj at New Delhi, constructed by the Delhi Development Authority was allotted in the name of the petitioner accused Brigadier O.K. Sondhi. Sri Sondhi made certain payments. In the meantime, the total cost of the flat got increased and Mr Sondhi failed to pay the balance amount as required under the rules and the name of the petitioner was delisted from the list of allottees, The petitioner also filed an application before the DDA, authorities for refund of his deposits. The chain of events which led to the present case, however, started after that, and before the release/refund of the amount by the DDA authorities.