- (1.) THIS application under Section 482 Cr.P.C. has been filed by one of the accused in the G.P.F. Scam raising several grounds and praying for quashing of the entire proceedings of the trial of Special Case No.49 of 2011 (C.B.I. Vs. R.P. Mishra and others) pending before the learned Special Judge, C.B.I. Court, Ghaziabad.
(2.) THE grounds taken in support of the prayer made are manifold including improper investigation, proceeding of a joint trial on the strength of an investigation that fails to draw a distinction between re -investigation and denovo investigation, the order of cognizance and summoning, the modification of order dated 3.6.2011 on 6.7.2011 being barred by Section 362 Cr.P.C., the exoneration and discharge of other accused as against the trial of the applicant, and last but not the least amongst other pleas, the order of the trial court in proceeding to prohibit the cross -examination of the prosecution witnesses on the strength of the previously recorded statements being violative of Section 145 of the Indian Evidence Act, 1872.
(3.) SO far as the other issues are concerned, it is to be noted that the entire investigation and the subsequent monitoring of the case is subject to orders passed in Special Leave Petition No.12981 of 2008, Nahar Singh Yadav Vs. Union of India and others. The said Special Leave Petition is still pending and the orders passed therein have been placed before the Court. Apart from the aforesaid factor, the application for discharge filed by the applicant was rejected against which the applicant filed a Criminal Revision that was dismissed by a learned single Judge of this Court on 5.2.2014 making observations with regard to the trial not proceeding and issuing necessary directions to the trial court to proceed with the matter.;