- (1.) This application under section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Special Trial No. 11 of 2014 arising out of Case Crime No. 11 of 2005, under sections 409, 420, 467, 468, 471, 120(B) IPC and Section 13(1)(d) of Prevention of Corruption Act, police station Dhanepur, district Gonda pending in the Court of Special Judge (Prevention of Corruption Act) Gorakhpur and the chage sheet dated 24.9.2007 as well as the order dated 24.4.2014.
(2.) Brief facts of the case are that the applicant was posted as Block Development Officer, Block Mujihana, district Gonda with an additional charge of Block Itiyathok, district Gonda. Upon the complaint of the then Minister of State for Irrigation, Government of U.P. dated 27.10.2004 with regard to some financial irregularity committed in implementation of 'Sampoorna Gramin Rojgar Yojna (S.G.R.Y.) in district Gonda during the period between 2001 to 2005, the matter was handed over to the Economic Offence Wing, U.P. Lucknow vide order of the competent authority dated 11.1.2005. Thereafter, on the basis of inspection conducted by a joint team on 20.1.2005, an FIR was lodged on 11.2.2005 by opposite party No. 2, Shri M.P. Gupta, Sub-Inspector, Economic Offence Wing against the applicant and other accused persons, which was registered as Case Crime No. 11 of 2005, under sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(1)(d) of Prevention of Corruption Act, police station Dhanepur, district Gonda. The investigation was carried out and the Investigating Officer submitted a charge sheet against the applicant bearing No. 42-A on 24.9.2007, on which, the learned Magistrate took cognizance of the offence on 24.4.2014 and summoned the applicant for trial.
(3.) Aggrieved by the impugned charge sheet and cognizance order, the present application under section 482 Cr.P.C. has been filed by the applicant challenging the same.;