- (1.) Principles of public life are of general application in every democracy and one is expected to bear them in mind while scrutinising the conduct of every holder of a public office. It is trite that the holders of public offices are entrusted with certain powers to be exercised in public interest alone and, therefore, the office is held by them in trust for the people. Any deviation, from the path of rectitude by any of them amounts to a breach of trust and must be severely dealt with instead of being pushed under the carpet. Facts of this case are some how similar where an effort was made to push the matter under the carpet. Therefore, through an intervention of this Court in Writ Petition No. 3611 (MB) of 2011 [P.I.L] Sachchidanand (Sachchey) versus State of U.P. and others connected with other matters, Central Bureau of Investigation (hereinafter referred to as 'the CBI') was directed to hold preliminary enquiry in the matter concerning implementation of the National Rural Health Mission (NRHM) in the State of Uttar Pradesh. Gross abuse and misappropriation of NRHM funds by the State functionaries in a planned and concerted manner was alleged in the petition filed before this Court. This court in its order dated 15.11.2011 issued the following direction as under:- "We, therefore, direct the Director, CBI to conduct a preliminary enquiry in the matter of execution and implementation of the NRHM and utilization of funds at various levels during such implementation in the entire State of U.P. and register regular case in respect of persons against whom prima facie cognizable offence is made out and proceed in accordance with law. The preliminary enquiry shall be conducted from the period commencing year 2005- 06 till date. It is directed that the inquiry be completed within four months. The State Government is directed to hand over and make available all the records as may be required by the CBI and render full support and cooperation to CBI. The Central Government is also directed to render full support as may be asked by the CBI."
(2.) In view of above direction issued by this Court FIRs were registered and the preliminary enquiry was conducted by the CBI. After conclusion of the preliminary inquiry prima facie involvement of the accused in the crime was established as a result of which investigation was proceeded with. On the conclusion of the investigation various charge sheets have been filed before the CBI Court at Ghaziabad. Taking cognizance in the matter process has been issued to summon the accused persons. These summoning orders are subject matter of challenge before this Court. Following are the details of the applications u/s 482 Cr.P.C., questioning the various charge sheet, filed by the accused persons before this Court. Three charge sheets have been filed bearing No. RC 220-2012 E0001, RC 220-2012,E0002 and RC 220-2012 E 0003. The said charge sheets have been questioned in this Court, details of which are given herein below:- 1.Charge sheet bearing No. RC 220-2012 E001 has been questioned in Application U/s 482 Cr.P.C. No. 38984 of 2012 and 40999 of 2012. There are eight accused named in the charge sheet filed by CBI and in the supplementary charge sheet two more accused persons have been incorporated. The aforesaid two applications have been filed by accused Babu Singh Kushwaha and B. N. Srivastava. 2.Charge sheet bearing No. RC 220-2012 E0002 has been questioned in Application U/s 482 Cr.P.C. No. 43894 of 2012, 43301 of 2012,43303 of 2012 and 1143 of 2013. There are seven accused persons named in this charge sheet namely Babu Singh Kushwaha, Devendra Mohan, Ravindra Rai, Pradeep Shukla, Naresh Grover, M/s Surgicoin Medequip Pvt Ltd., and R.P. Jaiswal. 3.Charge sheet bearing No. RC 220-2012 E0003 has been filed in Application U/s 482 Cr.P.C. No. 43521 of 2012. There are four accused persons in the charge sheet namely S.P. Ram, Saurabh Jain, Suneet Singhal and M/s CNC Metal Forming Ltd through its Director Suneet Singhal and in the supplementary charge sheet six more accused persons have been named as accused namely Pradeep Shukla, Vipin Kumar Chaudhary, M.M. Trpathi, A.K.Srivastava, Vipul Kumar Gupta, Babu Singh Kushwaha.
(3.) It is also important to mention that in the charge sheet RC 220-2012 E0001 and RC 220-2012 E0002 Girish Malik, Manvendra Chaddha, Ramesh Tandon, Abdul Mateen, S.B. Pandey, Masood Ul Hasan and M. K. Jain were initially arrayed as accused in the FIR have been named as witnesses by prosecution.;