RANJANA PANDYA, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State.
(2.) BY means of this application, the applicant has prayed for quashing the order dated 10.3.2014 passed by Special Judge (Anti Corruption Act) Bareilly in Special Case No. 1 of 2011, State Vs. Dr. Vidya Gokhale and also the further proceeding of the Special Case No. 1 of 2011, State Vs. Dr. Vidya Gokhale, under Sections 465, 467, 468, 471, 477A, 409, 420, 120B I.P.C. and Section 13(1), 13(2) of the Prevention of Anti Corruption Act, 1988 pending in the court of Special Judge (Anti Corruption Act), Bareilly.
(3.) AN F.I.R. was lodged against the present applicant and 44 other accused persons with the allegation that the accused persons had shown fake sterilization cases as genuine one and misappropriated the public money. It has been contended on behalf of the applicant that she is a doctor. The alleged incident is said to have taken place in the year 1995 on 10.3.1995 whereas the F.I.R. was lodged after five years and charge sheet was submitted after 16 years on 21.1.2011. The witnesses, who have been cited in the charge -sheet, have either retired or left their places. The applicant being a lady doctor by professions, she was posted at the relevant time as Medical Officer at Pilibhit and when scrutiny of the record was done, it was detected that two cases in which the persons shown sterilised, were not found residing at the places as shown in their addresses. It is stated that the ladies going to get themselves sterilised, are very hesitant to reveal their identity and, as such, at that time, the possibility of false name being entered into the record at the behest of person being sterilised cannot be ruled out. It has also been stated that misappropriated amount of Rs.24/ - is a very small amount, as such the prosecution theory cannot be relied upon. The applicant has been granted bail and his prayer in the present application is liable to be allowed.;