Delhi High Court Refused To Quash FIR Charges in Land Allotment Scam: Grave Suspicion Justifies Trial

In a significant ruling today, the Delhi High Court, presided over by Hon’ble Justice Tushar Rao Gedela, dismissed the petition filed in W.P.(CRL) 1607/2019 & CRL.M.A. 11731/2019 by Prem Bhutani & ANR against the Central Bureau of Investigation (CBI). The Court upheld the framing of charges concerning a complex case of alleged forgery, cheating, and fraudulent land allotment by the Delhi Development Authority (DDA).

The case, whichh involves the revival of the defunct Arvind Cooperative Group Housing Society and subsequent land allotment by the DDA, has been mired in controversy with accusations of forgery and manipulation of bank transactions. The petitioners, Prem Bhutani and another, challenged the impugned orders on charge dated 31.10.2018 and the framing of charges dated 04.12.2018 related to this high-profile case.

Justice Gedela, in his ruling, emphasized the gravity of the allegations and the need for a thorough trial. He was quoted as saying, “At the stage of framing of charges, the courts are to consider in general the allegations and the documents/evidence on record and not delve into the details of evidence or conduct a mini trial.” This statement underlines the court’s position on the importance of due process and the need for a detailed examination of the evidence at the trial stage.

The Court’s decision was influenced by the principles of law governing the framing of charges, particularly focusing on the existence of ‘grave suspicion’ based on the material produced by the prosecution. The Court’s analysis pointed to a larger conspiracy, extending beyond mere fraudulent land allotment, involving intricate acts of omission and commission by the petitioners.

Represented by Mr. N. Hariharan, Sr. Advocate, along with a team including Dr. Sakshit Bhardwaj, Ms. Sunita Gupta, Ms. Punya Rekha Angara, Mr. Siddharth S. Yadav, and Mr. Prateek Bhalla, the petitioners argued their role as mere financiers. However, the court found the allegations against them to be significantly grave, particularly considering their involvement in the manipulation of bank accounts and control over the Society through their employees.

Decision: 30.11.2023

PREM BHUTANI & ANR. VS CENTRAL BUREAU OF INVESTIGATION