- (1.) Leave granted.
(2.) The judgment and order of High Court of Delhi dated 11.4.2012 affirming the order of the learned trial court rejecting the application filed by the appellant for discharge in the criminal prosecution initiated against him has been challenged in the present appeal.
(3.) The above order of the High Court challenged in the present proceeding came to be passed in the following facts : An FIR dated 03.06.1998 was filed by the Superintendent of Police, CBI/ACU.XX/New Delhi alleging commission of the offence under Section 13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the Act') by the appellant during his tenure as the Union Railway Minister from 21.06.1991 to 13.10.1995. Commission of the offence under the aforesaid provision of the Act was alleged on the basis that the appellant had dishonestly made the Managing Directors of RITES (Rail India Technical & Economics Services Ltd.) and IRCON (Indian Railway Construction Co. Ltd.) to approve the journeys of S/Shri B.N. Nagesh, the then Additional PS to Railway Minister, S.M. Mastan and Murlidharan, Stenographers in the railway cell and one Shri Samaullah (domestic help of the appellant) to London in connection with the medical treatment of the appellant. It was alleged in the FIR that the two Public Sector Undertakings did not have any pending business in London at the relevant point of time and the journeys undertaken by the aforesaid four persons were solely at the behest of the appellant who had compelled the services of the concerned employees to be placed in the two undertakings in question. Pecuniary loss to the Public Sector Undertakings was, therefore, caused by the wrongful acts of the appellant.;