RAJ KUMAR BHATIA Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) Prayer in this revision petition is for setting-aside the order dated 20.12.2019 passed in FIR No.16 (RCCHG2016A0016) dated 29.07.2016 registered under Sections 120-B, 417, 420, 467, 468, 471 of the Indian Penal Code, 1860 (in short 'IPC') at Police Station CBI/ACB, Chandigarh, vide which the trial Court/Special Judicial Magistrate, CBI, Chandigarh, has allowed the production-cum-receipt memo dated 09.05.2016, seizure memo dated 22.02.2016, receipt memos dated 03.03.2016 and 06.04.2016, to be placed on record as these documents were prepared by the Investigation Officer but inadvertently, the same were not part of the report submitted under Section 173 Cr.P.C.

(2.) Brief facts of the case are that a case bearing No.RCCHG2016AD016 was registered in CBI, ACB Chandigarh on 29.07.2016 on the basis of PECHG2016A0001 dated 10.02.2016conducted by CBI, ACB, Chandigarh as per the order dated 18.11.2015 issued by the Hon'ble Supreme Court of India, in Civil Appeal No.13471 of 2015. After detailed preliminary enquiry on all the aspects mentioned in the FIR it is found that during the year 2011 Raj Kumar Bhatia, Advocate and Jatinder Singh Birgi connived together, with some unknown person to grab the property i.e. House No.1149, Sector 8-C, Chandigarh by preparing forged documents i.e. Rent Deed dated 14.03.2011 in respect of House No. 1149, Sector 8, Chandigarh between Meenu Vaid and Jatinder Singh Birgi, Agreement to Sell dated 16.03.2011 in respect of House No. 1149, Sector 8, Chandigarh in favour of Sh. Jatinder Singh Birgi executed by Meenu Vaid and a Will executed by Meenu Vaid in favour of Jatinder Singh Birgi drafted by Sh. Raj Kumar Bhatia, Advocate for using them for the purpose of cheating and using them a genuine, knowing that they are forged. As such prima facie an offence under Sections 120-B, 420, 467, 458 and 471 IPC is made out against Sh. Raj Kumar Bhatia S/o Sh. Hans Raj R/o House No. 5-B, Sector 44-A, Chandigarh and Sh. Jatinder Singh Birgi S/o Sh. Harbans Singh R/o House No. 158, Sector 46-A, Chandigarh and unknown persons.

(3.) After recording the examination-in-chief of the Enquiry Officer M.K. Tiwari as PW23, an application was moved under Section 173(5) Cr.P.C. for production of the aforesaid documents as these were prepared by the accused which were not attached with report under Section 173 Cr.P.C. The CBI moved an application for granting permission to prove these documents on record at a stage when examination-in-chief of M.K. Tiwari was partly recorded.