CBI vs RAKESH KUMAR

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 20th November, 2025 Pronounced on: 08th December, 2025 + CRL.L.P. 498/2017 CENTRAL BUREAU OF INVESTIGATION CBI Head Office Building 5-B, CGO Complex, Lodhi Road, New Delhi-110003 .....Petitioner Through: Mr. Atul Guleria, SPP with Mr. Aryan Rakesh and Mr. Prashant Upadhyay, Advocates. versus RAKESH KUMAR Son of Sh. Krishan Ballabh Sharma R/o Khasra No.420, H.No. 3, Laxmi Vihar, Burrari, Delhi Permanent Add: VPO Mehus, Distt. Shekhpur, Bihar.....Respondent Through: Mr. R.K. Handu, Ms. Adivi Ajmera and Mr. Manoranjan, Advocates. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. CRL.M.A. 14210/2017 (Condonation of delay) 1. Application under Section 5 of the Limitation Act, 1963, has been filed on behalf of the CBI/Petitioner for condonation of delay in filing the accompanying Appeal to challenge the Order/Judgment dated 02.12.2016 of acquittal passed by the learned Special Judge, CBI, Tis Hazari Courts in CBI Case No. RC No. 11(A)/2013/CBI/ACB CC No. 07/2015. 2. The case of the Prosecution was that the Complainant, Sh. Brijesh Garg had purchased a HIG Flat at No. 118, B Block, Sector-29, Rohini, Signature Not Verified Digitally Signed By:ANIL KUMAR BHATT Signing Date:09.12.2025 CRL.L.P. 498/2017 Page 1 of 8 17:32:57 Delhi, in the name of his wife, namely, Smt. Rekha Garg and had submitted sale and purchase documents before the Registrar VI-B. Subsequently, he received a Notice dated 26.02.2013 from SDM, Alipur to meet the SDM within seven days of receipt of the Letter, as there was short payment of stamp duty in the said purchase. The Complainant approached the SDM, Alipur but was directed to meet the Naib Tehsildar, Alipur, in this regard. 3. He met Rakesh Kumar/Naib Tehsildar