ARUN KUMAR MISHRA Vs. CENTRAL BUREAU OF INVESTIGATION AND ORS
LAWS(UTN)-2012-9-173
HIGH COURT OF UTTARAKHAND
Decided on September 17,2012

ARUN KUMAR MISHRA Appellant
VERSUS
Central Bureau Of Investigation And Ors Respondents

JUDGEMENT

- (1.) By means of this petition, manifold prayers have been advanced. One of them is to quash the order dated 8.5.2012 passed by the Special Judge (Anti Corruption), CBI, Dehradun in CBI Case No. 10/2011 and consequential order of framing the charges against the accused applicant.
(2.) It appears that after submission of the chargesheet and supplementary chargesheet against the accused applicant Arun Kumar Mishra and two other accused persons, namely, Manmohan Sharma and Arun Kumar Bansal under various offences of Indian Penal Code and Prevention of Corruption Act, the accused persons plead for their discharge. But their contentions by moving different applications i.e. 172b, 178b and 179b were discarded and the learned trial court ordered that charges be levelled against them. It is pertinent to mention that Arun Kumar Mishra was the Chief Engineer of the Uttar Pradesh State Industrial Development Corporation (UPSIDC) having its head office at Kanpur. Manmohan Sharma and Arun Kumar Bansal were the managers in the Jwalapur branch of Punjab National Bank at Haridwar.
(3.) Central Bureau of Investigation (CBI) registered an FIR for various offences under Indian Penal Code and Prevention of Corruption Act against these accused persons and the genesis of the crime was that Arun Kumar Mishra collected amassive wealth misusing and abusing his official position and a large chunk of that wealth was deposited by way of opening five fictitious accounts in the Punjab National Bank, Jwalapur Branch, Haridwar. These account numbers were detected even before lodging of the FIR. Investigation was conducted and the allegations were found true. So, the CBI submitted the chargesheet accordingly. In the course of investigation, it was also reliably found that many more accounts in different branches at difference cities were also opened and in operation by Mr. Arun Kumar Mishra likewise. Since the investigation has been completed regarding those five accounts wherefor the FIR was lodged, so the chargesheet was submitted and the learned trial judge passed the impugned order of levelling the charges against the accused persons.;


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