SUNEET KUMAR, J. - (1.) Heard Sri Kuldeep Saxena, learned counsel for the applicant, Sri Gyan Prakash, Assistant Solicitor General of India appearing for the CBI assisted by Shri Sanjay Kumar Yadav, Advocate and perused the record.
(2.) Applicant by the instant petition under Section 482 of Code of Criminal Procedure, 1973, seeks quashing of the charge sheet dated 29 August 2014 and cognizance order dated 16 December 2014, passed in Criminal Misc. Case No. 10 of 2014, under Sections 120-B read with sections 409, 420, 468 and 471 IPC and Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988, and substantive offence under Sections 409, 420, 468 and 471 IPC arising from the F.I.R. No. RC No. 1202013A0017 pending in the court of Special Judge, Anti Corruption, CBI, Ghaziabad.
(3.) The facts giving rise to the petition, briefly stated, is that pursuant to an order dated 15.11.2011, passed by this Court at Lucknow, in Writ Petition Nos. 3611 (MB) of 2011 (PIL), 3301 (MB) of 2011 (PIL) and No. 2647 (MB) of 2011 (PIL), inter alia, directed Central Bureau of Investigation3 to conduct a preliminary enquiry in the matter of execution and implementation of the National Rural Health Mission (for short ''NRHM') and utilization of funds at various levels in the entire State of Uttar Pradesh commencing 2005-2006. In compliance thereof, on 31 January 2013, CBI registered a preliminary enquiry against the officers of Health and Family Welfare Department of District Moradabad, and unknown private persons. The enquiry was conducted by the Additional Superintendent of Police, CBI, ACB, Ghaziabad, for the period 2005-06 till 15.11.2011. The enquiry revealed that bogus/forged tender papers were submitted and used in the tender process on behalf of certain firms for completing the tender proceedings by the suspect officials in conspiracy with the firms. The enquiry further revealed that most of the purchases under National Blindness Control Programme ralated to NRHM Scheme, at district Moradabad, were made by three sister concerns. The forged and bogus bids were submitted and used by the suspected accused to show artificial competitive rates.;