New Delhi: The Delhi High Court on Monday stayed a sessions court order setting aside a magisterial court order discharging former cricketer and current head coach of India’s men cricket team Gautam Gambhir and others in a case in which home buyers were allegedly cheated.
Justice Majoj Kumar Ohri passed the interim order on a plea moved by Gambhir challenging the sessions court order.
“I will pass the order. In the meantime, the impugned order against the petitioner (Gambhir) shall remain stayed. I will pass a detailed order,” Justice Ohri said.
Cheating case was filed against real estate firms, Gambhir
The cheating case was filed against real estate firms Rudra Buildwell Realty Pvt Ltd, H R Infracity Pvt Ltd, U M Architectures and Contractors Ltd and Gambhir, who was a director and brand ambassador of the joint venture of the companies. The magisterial court found a prima facie case against three accused and two companies and discharged other accused, including Gambhir.
Three revision petitions challenged the magisterial court order before the sessions court.
Allegations merit further investigation into the role of Gambhir: sessions court
The sessions court, in its order dated October 29, set aside the magisterial court order discharging Gambhir and others in the case and remanded the matter back to the magisterial court and asked it to pass a detailed fresh order, saying the decision of the magisterial court reflected inadequate expression of mind in deciding the allegations against Gambhir and that the allegations also merit further investigation into the role of Gambhir.
Sessions court also directed ED to examine allegations from perspective of money laundering
The sessions court also observed that cheating is a scheduled offence under the Prevention of Money Laundering Act (PMLA) and said that it may have to be investigated with reference to “money laundering” and had directed the Enforcement Directorate (ED) to examine the allegations from the perspective of money laundering and file a status report.
“The matter is remanded back to the Ld. Trial Court with directions to pass a detailed fresh order on charge specifying the allegations against each accused with respect to the particular offence or provision and the corresponding material cited by the prosecution with reference to the chargesheet,” the sessions court said in its order while remanding the matter back to the magisterial court.
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