- (1.) Leave granted.
(2.) The Central Bureau of Investigation (for short 'CBI') has questioned the legality and propriety of the judgment and order dated 17.11.2006 in Crl. MP No.1802/2006 delivered by the High Court of Delhi by which it quashed the FIR and the charge-sheet against the accused-respondent under sections 120B and 193 of the Indian Penal Code.
(3.) Brief facts which are necessary to dispose of this appeal are recapitulated as under:- A case (FIR RC No.AC3/2003, 0002) was registered against the then Vice- Chairman of the Delhi Development Authority and other senior officials of the DDA for entering into conspiracy with Dharmbir Khattar, Ajay Khanna, Ravinder Taneja, G.R. Gogia and Mukesh Saini to give undue favour to M/s DLF Universal Limited, New Delhi in the matter of allowing 300 Floor Area Ratio (FRA) in respect of one of the projects of DLF Universal by charging rates much below the prevailing market rates and obtained or agreed to obtain illegal gratification from M/s DLF as quid pro quo. The total bribe amount was 1.10 crores. During the course of investigation and subsequent search conducted at the residence of the respondent's son A.M. Sharan who was at that time Commissioner (Land Disposal, DDA), certain papers/documents relating to assets acquired/expenses incurred by him and his family members besides the cash amount of Rs.36 lacs were recovered and seized by the Central Bureau of Investigation. Consequently, a fresh FIR No.RC.AC.3/2003 A0003 was registered against A.M. Sharan, the son of the respondent.;