Limitation Period For Specific Performance Starts From Date Of Refusal If No Fixed Date Stipulated In Agreement: Karnataka High Court Pensionary Benefits Not ‘Pecuniary Advantage’, Cannot Be Deducted From Income For Motor Accident Compensation: Punjab & Haryana High Court Propounder Faces Heavy Burden Of Proof When Testator Is Illiterate; Registration Does Not Cure Unexplained Suspicious Circumstances: Supreme Court Mother Killing Minor Children Over Husband's Refusal To Take Her To Workplace Is Murder, Not Culpable Homicide: Andhra Pradesh High Court Specific Performance Of Registered Agreement To Sell Is No Longer Discretionary Post-2018 Amendment: Allahabad High Court Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case Accused Must Raise Probable Defence To Rebut Statutory Presumption Under Section 139 NI Act If Signatures Are Undisputed: Himachal Pradesh High Court Passing Departmental Exam Not A Pre-requisite For Grant Of ACP/MACP Benefits: Jharkhand High Court Convenience Of Family And Accused Paramount For Jail Shifting; Trial Court Can't Reject Application Merely For Non-Residency: J&K High Court Litigants Who Attempt To Pollute The Stream Of Justice With Tainted Hands Are Not Entitled To Any Relief: Karnataka High Court Trial Court Must Implement Modified Preliminary Decree In Full: Telangana High Court Directs Partition Of Property Omitted In Final Decree Proceedings If Grievance Is Real But Lies Before Different Forum, Plaint Should Be Returned Under Order VII Rule 10 CPC, Not Rejected: Rajasthan High Court Bail Cannot Be Denied Merely Due To Severity Of Economic Offence If Evidence Is Documentary: Punjab & Haryana High Court Non-Compliance With Mandatory Duty To Inform Grounds Of Arrest Under Section 47 BNSS Is Impermissible: Orissa High Court Grants Bail Land Acquisition Award Finality Under Section 12 Is A Bar To Writ Petitions Challenging 'Public Necessity': Madhya Pradesh High Court State As Eminent Domain Is Obligated To Pay Adequate Compensation, Not Minimum To Suit Its Convenience: Madras High Court Kerala High Court Grants Emergency Parole To Life Convict To Execute Sale Deed, Repay Bank Loan To Prevent Family's Eviction High Court Cannot Act As Court Of First Instance In Service Matters Amenable To CAT Jurisdiction: Delhi High Court Election Tribunal Has No Jurisdiction To Declare Caste Certificate Forged, Authority Vests Solely With Scrutiny Committee: Allahabad High Court Order IX Rule 7 CPC Requires 'Good Cause' Not 'Sufficient Cause'; Trial Court Can't Apply Higher Threshold To Pre-Decree Proceedings: Telangana High Court Victim Cannot Maintain Appeal Seeking Enhancement Of Sentence Under Section 372 CrPC; Such Power Exclusively With State: Rajasthan High Court Disability Pension: Presumption In Favour Of Personnel If Found Fit At Enrollment; Percentage Must Be Rounded Off: Punjab & Haryana HC Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court

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

07 May 2024 8:19 AM

By: Admin

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

Latest Legal News

  • by sayum
    07 July 2026 10:48 AM
Criminal Courts Cannot Be Used To Settle Civil Inheritance Disputes Over Appreciated Land Values: Gujarat High Court Quashes Fraud Case
  • by sayum
    07 July 2026 10:47 AM
Post-Cognizance Arrest 'Makes No Sense' If Investigation Completed Without Arrest: Delhi High Court Grants Bail Under BNSS
  • by sayum
    07 July 2026 8:26 AM
Notice Under Section 107 BNSS Mandatory Before Attaching Property; Right To Property Is A Constitutional Right: Calcutta High Court
  • by sayum
    07 July 2026 8:25 AM
Civil Court Has Jurisdiction To Determine If Tenanted Property Belongs To Joint Family Even If Tenancy Order Stands In Individual Karta's Name: Bombay High Court
  • by sayum
    07 July 2026 8:24 AM
Borrowers Can Be Granted Opportunity To Clear Loan Overdues In Installments To Prevent Coercive Action Under SARFAESI Act: Kerala High Court
  • by sayum
    07 July 2026 8:23 AM
Employee Entitled To Second Kramonnati Benefit If Promotion To Higher Post Does Not Result In Higher Pay Scale: Madhya Pradesh High Court