In 2009, a complaint by Mr. Vivek Aditya a RTI activist, was given to the CVC about some financial irregularities in the project. On the complaint the CVC had committed the case to the CBI and submitted a report, highlighting its crucial findings.
On 4 OCT 2010 a FIR for corruption, abuse of power and criminal conspiracy was registered against 3 IAS officers and Unitech limited.
In 2012 and in 2013 CBI had already filed 2 closure reports before the court, however both of them were rejected by the court.
In 2018, CBI filed the third closure report stating “no criminality can be attributed to accused persons”.
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ORDER OF THE COURT:
January 2020, the third closure report was also rejected by the court, reason being the complainant was not satisfied with the investigation and any of the closure reports filed.
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FACTS OF THE CASE:
- In 2009, Complaint was made before CVC, about some financial irregularities in the project.
- In 2010, the CVC committed the case to the CBI court, and a fir was registered against 3 IAS officers and one UNITECH limited.
- In 2012, CBI filed its 1st closure report stating that it has found no evidence, and was subsequently rejected.
- In 2013, CBI filed its 2nd closure report giving a clean chit to the alleged offenders, but was again rejected by the court.
- In 2018, CBI filed its 3rd closure report, which in the month of JAN, 2020, had also been rejected by the court.
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A project for making an amusement-cum-theme-park was assigned to the UNITECH limited, involving three IAS officers. The former top officials of the UT administration or the IAS officers had indulged in a criminal conspiracy with the UNITECH ltd. And awarded 73.65 acres of land in Sarangpur village to the UNITECH for the amount consideration of Rs. 5.5 Crore and 1.1% of the annual revenue was fixed as annual license fee.
Allegedly, the administration had ignored the rules for inviting the tenders, and had also ignored the highest bidder i.e. DLF.
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Section 169 of CRPC states that a closure report is a report which is submitted by the investigating authorities to the magistrate stating that there is no evidence or reasonable grounds or suspicion to carry forward the accused in front of magistrate and then to release the accused from custody by making him fill a bond with or without surety that is on the police officer that how he would direct it to appear.
After the closure report is submitted to the magistrate then he considers that whether there is sufficient ground for proceeding further or not if there is sufficient ground then under Section 204 of CRPC magistrate can issue the process of proceedings.
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If even the report of the police states that no case is made out the Magistrate can reject it and take cognizance and further investigation under Section 173(8) CRPC is carried out.
In the present case also, the court has rejected the closure report filed by the CBI and all the accused persons are ordered to be summoned for Jan 20.
Rest for case specific advice, one may contact best top criminal lawyer advocates in Chandigarh Panchkula Mohali.
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