ARUN TANDON,J. - (1.) THESE Criminal Revisions under Section 397 read with Section 401 of Criminal Procedure Code (Cr.P.C.). The applications under Section 482 Cr.P.C. have been filed challenging the charge-sheet submitted by the Central Bureau of Investigation (hereinafter referred to as "C.B.I.') and the summoning orders passed by the Special Judge, C.B.I., Ghaziabad in Case Crime No. 152 of 2008, C.B.I. vs. Ashutosh Asthana and others. The case is commonly known as 'Ghaziabad P.F. Scam'.
(2.) BEFORE adverting to the merits of the revision petition as well as applications made under Section 482 Cr.P.C. it would be worthwhile to state the facts leading to the present proceedings in short. On a first information report lodged by the Special Judge and Vigilance Officer, District Court, Ghaziabad on 15th February, 2008, being Case Crime No. 152 of 2008, police investigation was initiated in the matter of fraudulent embezzlement of money in the name of General Provident Fund (G.P.F.) of the employees of District Court, Ghaziabad by Late Ashutosh Asthana, Central Nazir, District Court Ghaziabad and other 82 persons. While the matter was still pending investigation by the police, a Special Leave Petition was filed before the Supreme Court for investigation being transferred to the C.B.I., being Special Leave Petition (c) No. 12981 of 2008. In between three police reports were filed on 14.04.2008, 22.04.2008 and 04.05.2008 before the District Judge, Ghaziabad. The reports were transmitted to the Special Judge, Anti Corruption/E.C. Act for further action. At the relevant time A.K.Singh IV was the Special Judge Anti Corruption/EC Act, Ghaziabad.
(3.) THE Government of Uttar Pradesh issued a notification dated 10.09. 2008 in exercise of powers under Section 6 of the Delhi Special Police Establishment Act, 1946 for transfer of the above mentioned case to the C.B.I. The Apex Court on 23rd September, 2008 after taking note of the Notification dated 10.09.2008 transferred the investigation in the said case to the C.B.I., inter alia observing that the C.B.I. may file final report or charge-sheet, as the case may be, preferably within the period of three months and the Court, before which the final report or the charge-sheet is filed, was required to take appropriate action thereon in accordance with law.;