- (1.) Heard Sri Dilip Kumar, Advocate assisted by Sri Swapnil Kumar, learned counsel for the applicant and Sri G.P. Singh, learned brief holder for the State and perused the record.
(2.) This Criminal Misc. Application u/s 482 Cr.P.C. has been moved with a prayer to quash the charge sheet dated 30.12.2017 in Case Crime No. 171 of 2002, under Sections 193, 409, 420, 465, 468, 471, 477-A/120-B IPC read with Section 13(2) and 13(1) of Prevention of Corruption Act, P.S. Chaubepur, District Varanasi and the entire proceedings of Misc. Case No. 1 of 2018 (State of U.P. vs. Guru Dev Singh and another) pending in the court of Special Judge (Anti-Corruption), Varanasi and also the cognizance order dated 6.1.2018 passed by Special Judge, Varanasi, summoning the applicant to face trial under the aforementioned Sections.
(3.) In brief the facts of the case are that the opposite party no. 2, Loknath Verma, Inspector, Vigilance Department, Varanasi, had lodged an F.I.R. on 18.6.2002 at P.S. Chaubepur, District- Varanasi under the aforementioned sections alleging that in the establishment of 400KV Sub-station, Sarnath, Varanasi, in the year 1992, in pursuance of criminal conspiracy hatched by the accused-applicant- Guru Dev Singh along with other co-accused named in the F.I.R. caused financial loss to the public exchequer to the tune of Rs. 12,46,969.55/-. Soon after the lodging of the said F.I.R, Crl. Misc. Writ Petition No. 3427 of 2002 (Guru Dev Singh Vs. Loknath Verma, Inspector and others) was preferred by the accused-applicant before this Court in which his arrest was stayed vide order dated 11.7.2002. The investigation proceeded in pursuance of the said F.I.R. and in parcha no. 16 dated 25.9.2006, it was recorded that no material was found showing involvement of the accused-applicant and other accused in the alleged offence and accordingly final report was submitted, which was approved by the State Government. The said writ petition was dismissed as not pressed on 8.3.2007 as regards the present accused-applicant. The final report dated 23.2.2017 was submitted in court below which was registered as F.R. No. 1 of 2007, (State of U.P. vs. Guru Dev Singh and others) and upon its consideration the same was rejected by the learned Special Judge (Anti-Corruption), Varanasi vide order dated 26.2.2014 directing for further investigation in the matter. In the meantime one of the co-accused Surendra Kumar Jain was arrested and apprehending his arrest, the applicant thereafter preferred Crl. Misc. Writ Petition No. 28522 of 2017 before High Court in which vide order dated 21.12.2017, his arrest was again stayed. However, the Investigating Officer continued re-investigation in place of further investigation against law. The Investigating Officer in S.C.D. No. II dated 7.9.2015 incorporated the order of learned Special Judge (Anti Corruption), Varanasi vide order dated 26.2.2014, the estimate report, contents of advertisement inviting tenders as published in two newspapers, receipt of three tenders, comparative chart of three tenders prepared under the signature of Executive Engineer, Superintending Engineer and Chief Engineer, minutes of the meeting dated 18.12.1991 of the High Power Committee (applicant not being its member), decision of the Committee to call for fresh minimum rates and extension of validity of tender period, comparative chart of new rates submitted by the tenderers and acceptance by High Power Committee of the tender of M/s Awadh Trading Company having quoted the lowest rates, complaint of one of the participants, who had submitted tender namely Gupta Brothers and the contract entered into with M/s Awadh Trading Company. Ultimately, the Investigating Officer concluded in Parcha No. SCD- XVI that Surendra Kumar Jain, Guru Dev Singh (applicant), Raghu Nandan Lal, Satyendra Bahadur Srivastava, Rajendra Awasthi, Upendra Kumar Singh and Yadu Nath, had together caused financial loss to the tune of Rs. 12,46,969.55/- by illegally making payment to Hasan Haidar, owner of M/s Awadh Trading Company, Faizabad. The Investigating Officer filed charge sheet no. 4 dated 30.12.2017 in the court of Special Judge (Anti Corruption), Varanasi only against Surendra Kumar Jain and the applicant under the aforementioned sections stating that the investigation against the co-accused was still in progress. The Special Judge (Anti Corruption) vide order dated 6.1.2018 took cognizance and summoned the applicant under the aforementioned sections to face trial and thereby committed error because the same was not permissible as further investigation was going on.;