HC turns down Ggm builder's request to withdraw petition
Chandigarh, May 28 -- The Punjab and Haryana high court (HC) on Tuesday rejected a request from a Gurugram builder to withdraw his petition, seeking quashing of an FIR, wherein former judge of special CBI court, Haryana, Sudhir Parmar, is also an accused.
This is the same case where on May 23, the bench of chief justice Sheel Nagu had rejected objections to withdraw the case from a judge after "oral and written complaints" received by the chief justice. Justice Nagu in the May 23 order had said, the decision was taken to "preserve the dignity and honour of the institution". After withdrawing the case, the chief justice had ordered the listing of the case before him. The decision to withdraw the case was taken on May 10, two days before the judge, who had heard the matter, was to pronounce the final order.
The petition is of real estate firm M3M's director, Roop Bansal, which seeks to quash a first information report filed by the Haryana anti-corruption bureau in April 2023 against Parmar, his nephew and M3M official Roop Bansal.
During the hearing on Tuesday, appearing for Bansal, senior advocate Abhishek Manu Singhvi had requested that he be allowed to withdraw the petition. "When an accused has right to file a petition, he should also have the right to withdraw it," Singhvi had submitted.
Justice Nagu, however, declined the request, orally observing, "The way this case has been conducted, I would decline your request of the withdrawal." The court later posted the matter for May 29. However, the detailed order neither mentions about the request nor about the court not yielding to the same. Notably, during the hearing on Monday, the court had hinted at possible "forum shopping" by the petitioner in the case in hand. The case had to be adjourned on Monday as petitioner side's arguing counsel was not available. "The present special bench has been created after carving out and encroaching upon the time meant for Division Bench-I and it is unfortunate that such a request is made on behalf of the petitioner in a case listed before this Special Bench," the bench had recorded in its order on Monday. Senior Supreme Court lawyer Mukul Rohtagi had appeared on May 23 from petitioner's side.
The case stems from an April 2023 FIR, registered against Sudhir Parmar, Ajay Parmar, Roop Bansal, and others under sections 7, 8, 11 and 13 of the Prevention of Corruption Act and Section 120-B of the Indian Penal Code for offences relating to public servant being bribed, a public servant taking undue advantage without consideration from person concerned in proceedings or business transacted by such public servant, criminal misconduct by a public servant and criminal conspiracy....
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