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14)A-5/11, Paschim Vihar, New Delhi.
15)Shop No.19, New Market, Ramesh Nagar, New Delhi.

It is further alleged that Ajay Kumar Shrotriya made false notings that partial demolition of the properties had been carried out in CC 110/11 (RC 1/07) CBI vs. Ajay Kumar Shrotriya & Ors.. 3 pursuance of demolition orders passed in respective files. The fact that notings were false is stated to be corroborated on comparison with the entries made in demolition register maintained in MCD, demolition register of concerned police station, log books of the concerned vehicles of the MCD, the relevant letter of requisition for police force. It is further the case of prosecution that the enquiry also revealed that unauthorized construction files relating to above 15 properties were not taken out from the office of Officer In-charge (Buildings) {OI(B)} and entries were forged by Ajay Kumar Shrotriya having knowledge that no demolition had taken place.

He further deposed that he used to visit the concerned property along with the JE and sign the notice after affixation as per directions of JE.

CC 110/11 (RC 1/07) CBI vs. Ajay Kumar Shrotriya & Ors.. 17

(f) PW8 Shri Lal Chand posted as Driver in Building Department, West Zone, MCD deposed that he used to ferry the officials and the police force as and when directed by the officers and used to maintain log book of the vehicle (Ex.PW8/A). Further, in case the truck was requisitioned by a particular officer, the same was reflected and the log book was also countersigned by the officer concerned in the relevant column.

He further stated that he had given his statement with respect to the placement of the truck on various dates as inquired by the CBI officials and as per entry dated 26.08.02 in the Log Book (Ex.PW8/A), the vehicle was booked against the name of JE Shri A.K. Goel who visited PS Janakpuri to take police force for demolition. He further stated that the said entry bears his signatures at point B and was also countersigned by Shri Goel at point C. He further stated that as per entry dated 27.02.03 in the Log Book, the vehicle was taken to workshop for repair and further identified his signatures on the entry at point A and stated that it was also countersigned by the concerned JE Shri Ajay Kumar Shrotriya at point B. He further stated that as per entry dated 27.03.03, the vehicle was booked by Shri Daljit Singh Hooda and the vehicle was taken to Subhash Nagar workshop for repair. Further, the vehicle was not taken for any demolition work on the aforesaid date.

At the outset, it may be observed that so far as aforesaid entry dated 19.02.03 in the UC file is concerned, the proceedings undertaken on aforesaid date cannot be disputed since the same stand countersigned by Shri Vinod Kumar, AE(B). In case there was any doubt as to the non availability of police force, the same would also have been commented upon by Shri Vinod Kumar, AE(B) but he simply remarked "try again". The fact that the MCD officials visited police station Tilak Nagar on the aforesaid date stands corroborated by the entry dated 19.02.03 made in the log book by Shri Lal Chand (PW8). As per entry dated 19.02.03 in the log book, the vehicle was taken on the requisition of the then AE Shri A.K. Mittal who visited PS Tilak Nagar to take police force for demolition but later on they returned back without carrying demolition action because police force was not made available by the concerned authorities. Deposition to aforesaid extent was made by Shri Lal Chand (PW13) in CC No.113/11 which has been decided earlier by this Court. The fact that the demolition was also fixed on the aforesaid date by Shri A.K. Mittal, JE along with Ajay Kumar Shrotriya, JE also stands corroborated from the entry dated 19.02.03 made in the CC 110/11 (RC 1/07) CBI vs. Ajay Kumar Shrotriya & Ors.. 43 demolition register wherein the name of Shri A.K. Mittal also stands recorded. The fact that the log book also stands initialed against entry dated 19.02.03 also corroborates that the police force was unavailable. In case any such entry was wrongly made, then obviously Shri A.K. Mittal as well as PW Lal Chand would also have been chargesheeted by the investigating agency. In the facts and circumstances, merely on the basis of entry reflected in the demolition register at PS Tilak Nagar, it cannot be concluded that the demolition action was intentionally not carried out on 19.02.03 and a false entry was recorded by Ajay Kumar Shrotriya. It may also be observed that in the aforesaid entry, the remarks "MCD staff not reported" have been recorded in a different blue ink though the remarks in the remaining portion are in different impression of blue and red ink and it is not free of doubt if the same was recorded on the same date. It is also pertinent to note that PW9 Ct. Jacob Mathew in his cross-examination also submitted that he had no personal knowledge regarding the entries made in the remarks column as the same were made as per the instructions of the Reader but the investigating agency has not cited the Reader posted at aforesaid time at PS Tilak Nagar.