Vivek Kumar Singh, J. - (1.) Heard Sri Anurag Khanna, learned Senior Counsel assisted by Sri V.K. Maheshwari, learned counsel for the applicant and Sri Vikas Sahai, learned A.G.A. for the State-respondent.
(2.) The instant 482 Cr.P.C. application has been filed for quashing the charge sheet dated 18.10.2016 in Case Crime No.643 of 2000 (Case No.23 of 2017), under Section 13(1) d read with Section 13(2) of Prevention of Corruption Act, 1988, Police Station Civil Lines, District Muzaffarnagar, pending in the Court Special Judge, Anti Corruption, Meerut.
(3.) The brief facts of the case are that the District Co-Operative Development Federation Limited (hereinafter referred to as D.C.D.F.) is a registered society registered under the Uttar Pradesh Co-Operative Societies Act, 1965. The election of the Committee of Management (The Governing Body) of D.C.D.F. was held on 15.7.1988 and 13 Member/Directors from different Societies of the District and individual members have been elected including the applicant no.2, subsequently, one of the Directors Sri Dal Singh Verma was elected as the Chairman/President of the Committee of Management/Governing Body. Sri Liyakat Ali was appointed as Member/Director of the Committee of Management/Governing Body of the D.C.D.F. through a resolution dated 4.1.1994 and subsequently the applicant no.1 was appointed as a Member/Director of the Committee of Management/Governing Body of D.C.D.F. through a resolution dated 11.7.1997. The D.C.D.F. was a Nodal Agency of IFFCO and KRIBHCO for supervision of Rack Handling of the fertilizers and main work of the federation were to de-lodging, storage and transportation of the fertilizers on the contract basis. The IFFCO and KRIBHCO paid 10% supervision charges to D.C.D.F. for Rack Handling of the fertilizers. Through a public tender M/s Syndicate Transport Orignization, Muzaffar Nagar got the contract as lowest bidder for the financial year 1996-1997 and an agreement has been executed on 27.12.1996 between the Secretary D.C.D.F. and M/s Syndicate Transports, Muzaffarnagar. It is further averred that a meeting of the governing body was held on 20.08.1997 in which Secretary of the co-operative federation put a proposal with regard to the extension of the transportation contract of M/s Syndicate Transports Organization as the contract was going to expire on 30.09.1997 with the prayer that the contract may be extended to 30.09.1998 on old rates because P.C.F. has not yet decided the rate for the next year.;