(BRIGADIER) OMESH KR. SONDHI Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) HEARD Sri D.K. Mishra, learned senior counsel for the Petitioner and Sri Dilip Das, the learned Spl. P.P. for C.B.I. Sri A.B. Gupta, Inspector of C.B.I., now posted at Calcutta, Investigating Officer of this case, is present in the Court with the connected records.

(2.) ON an F.I.R. filed by Shri Suresh Garodia, who complained about a big fraud committed by an employee of the Delhi Development Authority, in short, D.D.A., case No. RC -12(A)/96/SHG dated 6.3.96 was registered and investigated. After detailed investigation C.B.I, submitted charge -sheet against the two persons, namely, I. Brigadier Omesh Kumar Sondhi and (2) Om Prakash Dhakolia. In the Special Case No. 7(C)/97, the learned Special Judge, vide order dated 26.8.1998, framed charges against both the accused persons under Section 120B / 420 IPC. A separate charge under Section 468 IPC and under Section 13(1)(D) of the Prevention of Corruption Act was framed against O.P. Dhakolia. The present revision has been preferred by Brigadier O.K. Sondhi against the said order framing charges against him.

(3.) THE complainant, a resident of Guwahati, was looking for a flat (property) at Delhi and through one of his friend Md. Nawab, he came into contact with the co -accused Om Prakash Dhakolia, who was an employee of DDA. The said Dhakolia offered to get the flat restored in the name of Mr. Sondhi and thereafter, get it transferred in the name of the informant on certain conditions. An agreement was arrived at between the informant and Mr. Dhakolia. Moreover, pursuant to the said agreement, the complainant paid a sum of Rs. 1,97,500/ - vide DD. No. 110012053 dated 14.7.1995 and thereafter, an agreement to sell and purchase was made between the informant's son and Mr. Sondhi duly notarised on 25th July, 1995. The allegation of the informant is that, thereafter, he paid large amount to Mr. O.P. Dhakolia for getting the allotment restored and for getting the said flat at Basant Kunj. The details of the payments made to Mr. O.P. Dhakolia and also in the joint account has been given in the FIR. According to the informant a sum of Rs. 14,75,000/ - was cheated from him by the said O.P. Dhakolia.