- (1.) Heard Shri Satish Trivedi, learned Senior Advocate assisted by Shri Ajay Kumar Pandey and Shri Sudeep Harkauli, learned counsel for the applicant, Shri Gyan Prakash, learned counsel for the Central Bureau of Investigation and Shri Jitendra Singh, learned Additional Government Advocate representing the State of U.P. and perused the record of the Case.
(2.) By means of this application under Section 482 of Code of Criminal Procedure (hereinafter referred to "the Code") the applicant, who is a approved valuer, has prayed for quashing of the impugned charge sheet dated 28.12.2017 and the order dated 02.1.2018 passed by the learned Special Judge, Anti Corruption (CBI) Court No. 3, Ghaziabad whereby the learned Judge has taken cognizance of the offence as well as the entire proceedings of Case No. 01 of 2018 (CBI Vs. Manoj Sharma and others) arising out of FIR No. 0532014S00007 (RD-07(S)/2014/CBI/SCB/LKO, under sections 120-B, 420, 467, 468, 471 IPC and section 13(2) read with 13(1) of Prevention of Corruption Act, 1988, CBI, SCB, Lucknow pending in the Court of learned Special Judge, Anti-Corruption (CBI), Court No. 3, Ghaziabad.
(3.) In brief, the facts of the case are that on 01.8.2014 a letter was written by the Deputy General Manager/Regional head, Bank of Baroda, Regional Office, Agra (UP) to the Superintendent of Police, CBI, SCR, Lucknow for registration of the FIR in respect of the fraud committed at the bank of Baroda, Shikohabad Branch, district Firozabad, (U.P.) levelling certain allegations of fraud. In the letter three persons were named as accused. On the basis of the aforesaid letter, a case was registered by the Central Bureau of Investigation, Lucknow at case crime No. RC/07(S)/2014/CBI/SCB/LKO nominating three accused persons, unknown bank officers and others. After the completion of investigation, the CBI submitted a charge sheet in which the application has also been nominated as one of the accused. The relevant portion of the charge sheet insofar as the applicant is concerned, reads as under: "(xxi) Investigation has further revealed that the panel valuer D.K. Sharma had carried out the valuation in respect of the properties offered for mortgage by the borrower/guarantors and with criminal intention submitted false and fabricated valuation report in respect of five properties of Smt. Radha Rani, Shri Bheem Sen, Shri Uma Shanker, Shri Girjesh Dixit and Smt. Vimla Devi mentioning therein that the report is based on the photocopies of the original documents made available to him by the owners of the properties. Whereas investigation has revealed that Smt. Radha Rani had expired and her property had been sold off. Similarly, the property of Shri Bheem Sen had also been sold off. The title deeds belonging to Uma Shanker, Girjesh Dixit and Smt. Vimla Devi deposited with the Bank were found to be forged/fake during investigation and the said properties could not be traced as per the report dated 22.11.2011 of Shri Mahendra Singh Mahnot, Chief Manager, IBB Branch, Agra. They had visited these properties after the account was declared NPA along with Pradip Kumar Sharma (A-4) and D.K. Sharma and some other Bank Officers. The description of boundaries mentioned in the sale deeds of Shri Bheem Sen, Shri Uma Shanker, Shri Girjesh Dixit and Smt. Vimla Devi differed with that mentioned in the valuation report due to which the Bank's team could not trace out the exact location of the properties and the panel valuer D.K. Sharma was not able to explain the things in the right manner. (xxii) Investigation further revealed that Dinesh Kumar Sharma had supervised the construction work of M/s Bhole Flour Mills and had given certificate regarding the progress in the construction of M/s Bhole Flour Mills, investigation revealed that the said work of supervision was not assigned to him by the Bank and the construction work was proposed to be got done through M/s Pachauri Associates, Agra as mentioned in the project report submitted by the borrowers to the Bank. The Bank officers also did not question.";