Metropolitan Magistrate (MM) Sanjeev Kumar directed the station house officer (SHO) of Krishna Nagar police station in East Delhi to further investigate the case against the accused who had initiated a "chain of cheating" and was the main beneficiary.
"Keeping in view the facts and circumstances of the case, the SHO is directed to further investigate the matter under the provisions of the CrPC. Notice be sent to the SHO accordingly," the court said and fixed the matter for further proceedings on October 3, 2012.
Advocate Amit Sahni, appearing for complainant Sunita, filed a protest application in the court against the police charge sheet, in which it had not arrayed Rakesh Rana as accused for want of evidence.
Sahni said accused Rana had "intentionally and deliberately" concealed the fact that his Krishna Nagar house was mortgaged with GIC Housing Finance Ltd against loan amount of Rs 6.5 lakh in 2002 and sold it to one Praveen Gupta who, in turn, sold the property to accused Reena Devi.
The court, in its order, also noted that police had not even recorded the statement of witness Praveen Gupta as yet.
"It was Rakesh Rana who had taken loan from GIC and is the main beneficiary as stated in the charge sheet and it has also been mentioned in the charge sheet that Rana was the main accused who had initiated the chain of cheating and he had sold the property in question to Parveen Gupta without disclosing to him that loan was taken by him from a different bank.
"Perusal of the file shows the investigating officer (IO) has not even recorded the statement of said Parveen Gupta under section 161 CrPC," the magistrate said. (MORE)