- (1.) The applicant, by means of this application under Section 482 Cr.P.C., has invoked the inherent jurisdiction of this Court with prayer to quash the charge-sheet dated 20.8.2015 including the cognizance order dated 2.9.2015 as well as entire proceedings of Case No. 4906 of 2015 arising out of Case Crime No. 801 of 2013, under sections 420, 467, 468, 471, 409 I.P.C., P.S. Kalyanpur, District Kanpur Nagar.
(2.) Heard Mr. Manish Tiwary, learned counsel for the applicant, learned AGA for the State and Mr. G. S. Chaturvedi, learned Senior Advocate, for O.P. No. 2. Perused the record.
(3.) Learned counsel for the applicant has challenged the legality and correctness of the impugned charge-sheet and the order of cognizance passed on it on the grounds that the allegations leveled against the applicant are extremely vague, which even on face value, do not constitute any offence against the applicant; the present FIR has been lodged against the applicant only due to a very old outstanding enmity between the applicant and the Chief Engineer of U.P.S.I.D.C. Mr. Arun Kumar Mishra; the departmental proceedings against many persons regarding the same cause of action have been initiated but criminal prosecution has been initiated only against the applicant, which shows malafide intention of the Chief Engineer Mr. Arun Kumar Mishra; the entire prosecution story is silent in respect of any act or deed allegedly done by the applicant; the applicant has never been posted in Civil Engineering department in U.P.S.I.D.C. and he has absolutely no relation with Civil Engineering department and is not even remotely connected with the awarding of tenders/ contracts or enlistment of contractors; the version set out by the first informant in the FIR is absolutely false; co-accused Praveen Kumar Tiwari had actually submitted the documents in the office of U.P.S.I.D.C. at Lucknow and not at Kanpur and in fact the documents were found in order and they were forwarded to the In-charge Engineering Department, U.P.S.I.D.C., Head Office, Kanpur; there is no intimation in writing regarding unsatisfactory work or false documents submitted by Mr. Praveen Kumar Tiwari and till date Mr. Praveen Kumar Tiwari has not received any written information from U.P.S.I.D.C. Learned counsel has further submitted that the procedure in the U.P.S.I.D.C. is that for awarding contract for more than Rs. 50 lacs an enquiry/ inspection is carried by an independent 3rd party and for awarding the contracts, which are of less than Rs. 50 lacs an enquiry/ inspection is carried out by a Committee of Engineers/ Accounts persons of U.P.S.I.D.C., who are posted at different sites. As the work in the instant case was of more than Rs. 50 lacs, hence the inspection was carried out by HBTI, Kanpur, and after conducting a thorough inspection, it filed a report that the work has been carried out satisfactorily. There is no report, which shows that the work carried out by M/s VSN Infratech Pvt. Ltd. is unsatisfactory. It is lastly submitted that the Company VSN Infratech Pvt. Ltd. has not yet received full payment. The learned counsel has shown several documents and various reports annexed with the applicant in support of his contentions.;