Karuna Nand Bajpayee, J. - (1.) This application under Sec. 482, Cr.P.C. has been filed seeking the quashing of order dated 14.9.2015, framing of charge against the applicants, passed by Additional Sessions Judge, Court No. 2, Bulandshahr in Special Case No. 3/2001 arising out of Case Crime No. 92/1998, Police Station, Khurja Dehat, District Bulandshahr, under Ss. 467, 468, 471, 420, 409, 201, 218 and 120B, I.P.C. read with Ss. 13(c)(d) and 8/13(2) of Prevention of Corruption Act, 1998 related to applicant No. 1 and under Ss. 467, 468, 471 and 420 read with Sec. 120B, I.P.C. related to applicant Nos. 2 to 4. Heard learned counsel for the applicants and learned A.G.A. perused the record.
(2.) Submission of counsel for the applicants is that there was a departmental enquiry which was held with regard to role played by the applicant No. 1 in the transactions, which are subject -matter of this case and in that departmental enquiry, charges could not be substantiated. Submission is that therefore, criminal proceedings should be dropped with regard to applicant No. 1 and charges should also not be framed with regard to applicant Nos. 2, 3 and 4. It is said that the applicant Nos. 2 and 3 are the tenure -holders of the land in question while the applicant No. 4 resides in another village and has nothing to do with the controversy in question. Certain other submissions were raised with regard to pure factual aspects of the case.
(3.) Before proceeding to adjudge the validity of the impugned order it may be useful to cast a fleeting glance to some of the representative cases decided by the Hon'ble Supreme Court which have expatiated upon the legal approach to be adopted at the time of framing of the charge or at the time of deciding whether the accused ought to be discharged. It shall be advantageous to refer to the observations made by the Hon'ble Apex Court in the case of State of Bihar v/s. Ramesh Singh, : 1977 (4) SCC 39, which are as follows:;