The Delhi High Court on Monday stayed a trial court order that directed a fresh investigation into the alleged involvement of former cricketer and current Indian cricket team head coach Gautam Gambhir in a cheating case related to flat buyers. The order, passed by Rouse Avenue Court on October 29, had overturned the discharge of Gambhir and several others in the case.
Court’s Interim Decision
Justice Manoj Kumar Ohri of the Delhi High Court stayed the trial court’s decision and stated that a detailed order would be passed in due course. The matter will remain under consideration while the trial court order is suspended.
Background of the Case
The case revolves around complaints filed by buyers who allege they were duped into investing in a housing project, ‘Serra Bella,’ promoted by three companies: M/S Rudra Buildwell Realty Pvt. Ltd, M/S H R Infracity Pvt. Ltd, and M/S U M Architectures and Contractors Ltd. The buyers claimed they were lured by advertisements and project brochures but experienced no significant infrastructural development after fulfilling their initial financial obligations. Gautam Gambhir is accused of inviting potential buyers to invest in the project.
Gambhir’s Challenge
Gambhir challenged the trial court’s order, which remanded the matter back to the magisterial court, asking for a more detailed examination of the charges and the specific allegations against each accused individual. The court also instructed the Enforcement Directorate to investigate the allegations in relation to money laundering and submit a status report.
Court’s Observations on the Trial Court’s Order
The special judge, in the contested order, had criticized the trial court’s decision to discharge Gambhir and others, calling it a “bare” and “general reproduction” of the prosecution’s allegations without sufficient consideration. The judge noted that the allegations against Gambhir warranted further investigation, prompting the new order for a fresh probe.
The Delhi High Court’s stay temporarily halts the investigation while the legal proceedings continue.
