MOHAN BAG Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This judgment shall dispose of the petition filed by the petitioner under Section 482 of the Cr.P.C. read with Article 227 of the Constitution of India for quashing of the order passed by the learned Special Judge, Kinnaur Sessions Division at Rampur, H.P., dated 31.12.2011.

(2.) A notice of the petition was issued to the respondent and arguments were heard at the admission stage since the point involved was legal one.

(3.) Briefly stated, the facts of the case are that an FIR No.3/99, under Sections 409, 420, 477, 120B IPC and 13(2) of the Prevention of Corruption Act, was registered on 25.7.1999, on the complaint of one Shri A.K. Singh, the then Deputy Manager, Finance, NJPC against Shri Mohan Bag, Senior Vigilance Officer, petitioner, Shri B.K. Sharma, General Manager Project, NJPC, and Shri V. Gopal Krishanan, Executive Director, Vigilance, NJPC. It was alleged by the complainant Shri A.K. Singh that the above named accused persons had misused their office by getting obtained pecuniary advantage to a contractor without any public interest and caused wrongful pecuniary loss to the NJPC by entering into conspiracy with the representative of the contractor. The investigation of the case was carried out by different investigation officers of the AC Zone and final report of cancellation was prepared on 5.3.2007 and was put up in the court for orders.