Delhi District Court
Village Pul Prahladpur Jan Kalyan ... vs State on 24 January, 2024
IN THE COURT OF MS. GEETANJALI, ASJ (FTC)03, SOUTH EAST
DISTRICT, SAKET COURTS, NEW DELHI
Criminal Revision No.: 132/2016 204296/2016
CNR No. DLSE010012242014
Village Pul Pehlad Pur Jan Kalyan Samiti (Regd.)
Off. at R35/B/2, Pul Pehlad Pur,
M.B. Road, New Delhi110044
Through its President
Krishan Ghopal Gupta
.........Revisionist
Versus
1. The State (Govt. of N.C.T. of Delhi)
2. Sh. Rajeshwar Prasad
Commissioner Land Management
Delhi Development Authority
(office Incharge of DDA Land)
Vikas Sadan, INA, New Delhi
3. Sh. Raj Kumar
S/o Sh. Hari Datt
R/o HR230A, Pul Prahladpur,
New Delhi110044.
4. Sh. Pawan Arora
C/o Palki Estate,
R/o B40 A, Vishwakarma Colony,
Digitally signed
Pul Prahlad Pur, New Delhi110044. by
GEETANJALI
GEETANJALI Date:
2024.01.24
5. Sh. Sunder Gaur 16:21:51
+0530
Crl. Rev. No. 132/2016 204296/2016 Village Pul Prahladpur Jan Kalyan Samiti (Regd.) Vs. State Page no.1 of 8
C/o Gaur Properties
R/o C52/A Vishwakarma Colony,
Pul Prahlad Pur, New Delhi110044.
6. Sh. Sudarshan Sharma
C/o Sky Lark,
R/o E99, Vishwakarma Colony,
Pul Prahladpur, New Delhi110044
7. Sh. Manoj Goel
S/o Sh. Raj Kumar
R/o 222, H. R. Block,
Pul Prahaladpur, New Delhi110044.
8. Sh. Mehboob Ali
R/o Pul Prahaladpur
New Delhi110044
9. Sh. Ramesh Uppal
C/o Uppal Builwell Pvt. Ltd.
R/o A7, 60 Feet Road, Pul Prahladpur,
New Delhi110044
10. Sh. Madan Lal Gera
Builders
D/85, Vishwakarma Colony,
Pul Prahlad Pur, New Delhi110044
11. Sh. Shish Pal Bidhuri
S/o Sh. Raju
R/o 18, Pul Prahlad Pur,
Suraj Kund, New Delhi110044
12. Sh. Rishi Bhadana
Crl. Rev. No. 132/2016 204296/2016 Village Pul Prahladpur Jan Kalyan Samiti (Regd.) Vs. State Page no.2 of 8
Digitally signed
by GEETANJALI
GEETANJALI Date:
2024.01.24
16:22:02 +0530
S/o Sh. Satpal Bhadana
Office add. 18, Pul Prahladpur,
Suraj Kund, New Delhi.
13. Sh. Babar
R/o 6B, Pul Prahladpur,
New Delhi.
14. Sh. Lala @ Lala Ram
R/o K217, Nardan Basti, Lal Kuan,
M. B. Road, New Delhi110044.
15. Ms. Laxmi Karmoni
Lal Kuan, M.B. Road, New Delhi110044.
16. Laxmi Stone @ Vinod Sachdeva @ Laxmi Engineer Work Shop
Khasra No. 297, Lal Kuan, Pul Prahladpur,
M.B. Road, New Delhi110044
17. Sharma Stone
Lal Khun
Pul Prahladpur, M. B. Road, New Delhi110044.
18. Sh. Ashwani Kumar
K50, Nardan Lal Kuan,
New Delhi110044.
19. Sh. Mehar Chand
Nardan Lal Kuan
Pul Prahladpur,
M. B. Road, New Delhi110044
20. Charni
Chhuriya Mohalla,
Crl. Rev. No. 132/2016 204296/2016 Village Pul Prahladpur Jan Kalyan Samiti (Regd.) Vs. State Page no.3 of 8
Digitally signed
by
GEETANJALI
GEETANJALI Date:
2024.01.24
16:22:19
+0530
Village Tughlakabad, Nardan Lal Kuan,
Pul Prahladpur, New Delhi110044.
21. Admic Container Depo
Lal Kuan, Khasra No. 2613, 735
Near Red Light, M. B. Road,
New Delhi110044.
22. Lily @ Ravinder
S/o Kesri,
Bazar Mohalla, Tughlakabad Gaon,
New Delhi.
23. Gupta Properties (Suresh Gupta)
A1/A, Vishwakarma Colony,
Pul Prahladpur, New Delhi110044.
24. Budhiraja @ Hansraj Budhiraja
Director/ Chairman of:
M/s Budhiraja Goods Transport Co.
At: F85, 86 & 87 Vishawakarma colony,
Tughlakabad, Delhi110044
Aslo at: 58, 2nd Floor, Ram Vihar,
Delhi110092.
Aslo at: F1/34, Krishna Nagar, Delhi110051.
25. Hashmukh Raja @ Hashmukh Rana
R/o B79, Vishwakarma Colony,
Pul Prahladpur, New Delhi110044.
26. Charanjeev Maharaja Swami @ Harikrishan
Vishwkarma.
Digitally signed
by GEETANJALI
GEETANJALI Date:
2024.01.24
16:22:28 +0530
Crl. Rev. No. 132/2016 204296/2016 Village Pul Prahladpur Jan Kalyan Samiti (Regd.) Vs. State Page no.4 of 8
27. Rajpal Poswal
121 Suraj Apartment
M.I.G. Flat, Pul Prahladpur,
M.B. Road, New Delhi110044.
28. Ajay Chaudhary
D68, Vishwakarma Colony,
Pul Prahladpur, M. B. Road,
New Delhi110044.
29. Satya Narayan Dixit @ Kale
A28 Vishwakarma Colony,
Pul Prahladpur, M. B. Road,
New Delhi110044.
30. Sumit Madhur @ Suneet Kumar Madhur
GA34, Pul Prahladpur, M. B. Road,
New Delhi110044.
31. Vijay Kumar
A115, Lal Kuan, Chungi No2,
Near Maszid front of Edgah,
M. B. Road, New Delhi110044.
32. Ramesh Kumar @ Ramesh Bidhuri
S/o Ram Rikh
179, Tughlakabad Village,
Jalam Mohalla Road, New Delhi110044 .........Respondents
Date of Institution : 21.08.2014
Date on which arguments heard : 23.01.2024 Digitally signed
Date of Order : 24.01.2024 by
GEETANJALI
GEETANJALI Date:
2024.01.24
16:22:37
+0530
Crl. Rev. No. 132/2016 204296/2016 Village Pul Prahladpur Jan Kalyan Samiti (Regd.) Vs. State Page no.5 of 8
O R D E R:
1. Vide this order I shall dispose off the present revision petition against the order dated 30.05.2013 (hereinafter referred to as "the impugned order") passed by Ld. CMM, South East District, Saket Courts, Delhi.
GROUNDS OF REVISION:
2. The impugned order has been challenged on the ground that the same is against the law which resulted into gross miscarriage of justice; that the impugned order suffers from illegality and impropriety and is unsustainable; that the impugned order is full of assumptions and presumptions; that the impugned order is still pending before the Ld. MM, South East District, New Delhi hence principle of res judicata applies to the present case; that the Ld. Trial Court failed to consider that order dated 12.12.2011 in CC No. 493/2011 and consequent FIR no. 194/2011, PS Pul Prahladpur were set aside qua petitioners but same still survived against the remaining accused persons. In view of the same, it has been prayed the order dated 30.05.2013 passed by Ld. MM be set aside.
3. Though notice of the revision petition was issued to all the respondents but steps not taken for their service and appearance was filed only on behalf of respondent nos. 3 to 9, 15 and 21 to 38 as per the first memo of parties. Further I deem fit not to complete the summoning of all the respondents since vide impugned order, the closure report was accepted only qua respondent nos. 3 to Crl. Rev. No. 132/2016 204296/2016 Village Pul Prahladpur Jan Kalyan Samiti (Regd.) Vs. State Page no.6 of 8 Digitally signed by GEETANJALI GEETANJALI Date:
2024.01.24 16:22:44 +0530
9. No reply was filed on their behalf and they addressed oral arguments.
4. The Trial Court record was summoned and perused. I have heard counsels for both the parties and perused the record.
5. A complaint u/s. 200 Cr.PC was filed by the complainant i.e. petitioner herein against the unauthorized construction for taking cognizance under relevant provisions of Prevention of Corruption Act, 1948 read with provisions of IPC, Environment Protection Act, Municipal Corporation Act, Delhi Police Act. Vide order dated 12.12.2011 FIR was directed to be registered by the Ld. Magistrate with direction to carry the investigation in a fair manner and to conclude the same as expeditiously as possible. Consequently FIR bearing no. 394/2011 was registered at PS Pul Prahaldpur u/s. 406/420/466/467/468/471/120-B/34 IPC. The order was challenged before the Hon'ble High Court by respondents no. 3 Sh. Vikas Anand, respondent no. 4 Sh. Naveen Verma, respondent no. 5 Sh. Harinder Singh, respondent no. 6 Sh. Naveen Garg, respondent no. 7 Sh. B. S. Meena, respondent no. 8 Sh. V. S. Gupta and respondent no. 9 Sh. S. K. Meena and all are the officials of MCD. The Hon'ble High Court vide order dated 03.12.2012 set aside the order dated 12.12.2011 qua the aforesaid respondents and subsequent proceedings emanating thereto was also set aside. It was on the basis of order passed by Hon'ble High Court did the IO filed the closure report which was accepted by the impugned order 30.05.2013. The concluding para of the closure report states that "Since from the direction of the High Court of Delhi the Order of the Ld. MM dated 12.12.2011 has been quashed/ set aside, hence the investigation proceeding cannot be initiated against the alleged persons. So the cancellation report has been prepared in the case and is being filed in the Hon'ble Court ". Noting that order, the then Ld. CMM dispensed with the attendance of complainant and accepted the closure report. However the order also noted that Crl. Rev. No. 132/2016 204296/2016 Village Pul Prahladpur Jan Kalyan Samiti (Regd.) Vs. State Page no.7 of 8 Digitally signed by GEETANJALI GEETANJALI Date:
2024.01.24 16:22:52 +0530 "the present FIR have also been quashed" which is not correct since vide order dated 03.12.2012, the Hon'ble High Court also noted that " However, the Ld. MM shall be at liberty to pass a fresh order after getting proper report regarding the land and the role of the petitioners". This leads to the conclusion that the FIR in question was not quashed by the Hon'ble High Court and it was allowed to remain open for further investigations and inquiry.
6. In view of the aforesaid discussion, the impugned order is hereby set aside only to the aspect that the FIR in question was not quashed by the Hon'ble High Court vide order dated 03.12.2012 since the complaint was filed against forty two persons out of whom the proceedings were set aside against only seven persons. The proceedings are yet to take shape against the remaining persons dependent on the inquiry and investigations. Henceforth, the order dated 30.05.2013 is hereby modified to the said extent only and the Ld. Magistrate is directed to call the report in terms of order passed by Hon'ble High Court. The revision petition is accordingly disposed off with the above said directions.
7. Copy of this order be sent to the Ld. Trial court alongwith trial court record. File of the present revision be consigned to record room.
Typed to the direct dictation and Digitally signed
by
announced in the open court GEETANJALI
GEETANJALI
on this 24th day of January, 2024 Date:
2024.01.24
16:23:07 +0530
(Geetanjali)
Addl. Session Judge(FTC)03
South East District, Saket
Courts, New Delhi
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