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HIGH COURT OF DELHI
Date of Decision: 31.01.2020
GOPAL BANSAL ..... Petitioner
Through Mr. Ravi Soni with Mr. Mohd.
Shariq, Advs.
Through Mr. Anupam S. Sharrma, SPP with Mr. Prakarsh Airan, Adv.
JUDGMENT
1. Allowed, subject to all just exceptions.
2. Application is disposed of. CRL.M.A. 2290/2020
3. In view of the averments made in the application, the application is allowed and disposed of. CRL.M.C. 551/2020 & CRL.M.A. 2288/2020
4. Notice issued. Learned APP accepts notice on behalf of respondent. With the consent of the parties, the present petition is being disposed of.
5. Vide present petition, the petitioner seeks direction thereby to set aside order dated 13.08.2019 passed in Crl. Rev. 16/2019 passed by learned Spl. Judge, Rouse Avenue Courts. 2020:DHC:714
6. Facts of the case are that petitioner became member of M/s Bellur Cooperative Group Housing Society with membership no. 276. Thereafter, on 20.12.2002, petitioner became the secretary of said society after the elections were conducted by the management committee.
7. In the compliance of order dated 02.08.2005 passed by this Court in Writ Petition (Civil) NO. 10066/2004 to investigate the matter of above named society regarding the allotment of land, genuineness of office bearers, their present-past performances and whether these office bearers were some contractors or Sub Contractors by profession and undue gain was caused to the society and others in revival of the defunct societies from 1983 onwards.
8. Vide order dated 02.09.2013 Ld ASJ, Special CBI Judge, discharged all the accused persons from the charge u/s 13(1)(d) of Prevention of Corruption Act and remanded back the matter to the concerned court of CMM for the trial of remaining offences.
9. Vide order dated 02.02.2019 the Ld. CMM, Rohini Courts, Delhi charged the petitioner for the offences u/s 420/468/471 IPC r/w 120B IPC.
10. Being aggrieved, petitioner preferred a criminal revision against the order dated 02.02.2019 which is registered as Crl. Revision No. 65 of 2019 and the same was assigned to the court of Sh. Deepak Garg, Ld. ASJ, Rohini Courts, Delhi.
11. However, vide dated 06.04.2019 this Court transferred all the matters pertaining to the Prevention of Corruption of matters to the Rouse Avenue Courts Complex.
12. Ld. ASJ was apprised of the fact of the order dated 06.04.2019 and Ld. ASJ observed, considering the safety of the issues it would be expedient if the revision is also transferred to Rouse Avenue Courts for just and proper disposal and placed the matter before the court of Ld. District and Session Judge, North West, Rohini Courts, Delhi
13. On 15.07.2019, counsel for the petitioner withdrew the said revision with the liberty to file a fresh revision before the appropriate forum.
14. On 18.07.2019, the petitioner filed the fresh Criminal Revision petition before the Rouse Avenue Courts, Delhi. However, Ld. Special Judge CBI-06, PC Act, Rouse Avenue Courts, New Delhi dismissed the revision petition vide order dated 13.08.2019 of the petitioner on the ground of limitation without considering the facts and circumstances of the present case.
15. Learned counsel appearing on behalf of CBI submits that petitioner himself has withdrawn the revision petition with liberty to file a fresh before the appropriate forum. While considering the revision petition No.16/2019, learned Judge has rightly dismissed the same because there is a delay of 76 days in filing the revision petition. Thus, there is no merit in the present petition and the same may be dismissed.
16. It is not in dispute that the petitioner had already challenged the order dated 13.08.2019 passed by Ld. Special Judge, Rouse Avenue Courts, Delhi well within the limitation. However, due to technicalities and transfer of cases from all district courts to Rouse Avenue Courts and the trial court record of the present case has also been transferred to the Rouse Avenue Court. Therefore, Ld. ASJ considering the security reasons observed that it would be expedient if the said revision petition is transferred to Rouse Avenue Courts.
17. In view of the aforesaid fact, learned Special Judge has failed to appreciate that since due to technical issues the matter was transferred by the Ld. ASJ Sh. Deepak Garg to the Ld. District & Session Judge, Rohini Courts, who after considering the matter asked the petitioner to withdraw the said revision petition with the liberty to file a fresh revision petition before the appropriate forum. The counsel for the petitioner withdrew the said revision petition with the liberty to file a fresh before the appropriate forum and thereafter he immediately filed the same. But Ld. Special Judge in my considered opinion has wrongly observed that the revision petition filed by the petitioner is barred by limitation. The delay in filing the revision petition was out of control on the part of the petitioner and has occurred due to the reasons as aforesaid. Therefore, in such cases technicality should not be looked into and the Learned Special Judge should have decided the revision petition, filed by petitioner, on merits.
18. Accordingly, I hereby set aside order dated 13.08.2019 passed by learned Special Judge and the said Court is directed to decide the revision petition filed by petition on merit by giving an opportunity to both the parties of being heard.
19. Accordingly, the petition is allowed and disposed of.
20. Proceedings before the Trial Court shall remain stayed till disposal of the revision petition.
21. Both the parties are directed to appear before Revisional Court on 10.02.2020.
JUDGE JANUARY 31, 2020