Amar Saran, D.R.Azad - (1.) SRI Ram Icchuk Yadav, A.C.J.M., Court No. 2, Ghaziabad, SRI N. M. Pandey, the A.C.J.M., Court No. 1, Ghaziabad, (the earlier A.C.J.M., Court No. 2) and SRI Rajendra Kumar Gautam, C.O. City I, Ghaziabad are present in Court today in pursuance of the earlier order dated 3.8.2009.
(2.) THESE two connected writ petitions are being disposed of by means of this common order. We have heard Sri P. K. Shukla learned counsel for the informant, learned A.G.A. for the State and Sri H. N. Shukla and Sri R. R. Shukla learned counsel for respondents No. 5 to 14 in Writ Petition No. 12316 of 2009 and for the petitioners in Writ Petition No. 13459 of 2009 and the learned A.G.A. for the State in both the connected petitions. An F.I.R. was lodged by the petitioner M. K. Sharma, who claimed to be the Officiating Secretary of the Himanchal Awas Sahkari Samiti Limited, Ghaziabad on 18.3.2009 under Sections 420/467/468/471/ 506, I.P.C. at Case Crime No. 263 of 2009 at Police Station, Vijay Nagar, Ghaziabad.
(3.) THE allegations in the F.I.R. were that the accused Sartaj Singh, who was the alleged suspended secretary, Pradhan Singh, the ex-Vice President of the Society and O. P. Chaudhary, the earlier treasurer in order to make unlawful gains for themselves and for embezzling the funds of the society sold 2.94 hectares out of 4.695 hectares of the society's land situate in village Pipiyana Khurd Urf Tigri, pargana and tehsil Dadari, district Ghaziabad to the respondents No. 5 to 14 (petitioners in Writ Petition No. 13459 of 2009) by means of unauthorised sale deeds without obtaining permission from the Registrar or the Greater N.O.I.D.A. Development Authority, which was the legal requirement. The first writ petition has been filed by the informant with the prayer for transferring the investigation from Meerut zone to some other zone and for handing over the investigation of this case for impartial and fair investigation and the second writ petition has been filed by the accused Rajesh Yadav and others has been filed for quashing the prosecution at Case Crime No. 263 of 2009 in pursuance of the aforesaid F.I.R.;