Ravindra Singh, J. - (1.) HEARD Sri Rahul Mishra, learned Counsel for the applicant and learned A.G.A. for the State of U.P. and perused the record.
(2.) THIS application has been filed with a prayer to quash the charge-sheet dated 31.5.2007 under sections 466, 467, 468, 471, 409, 120-B I.P.C. and section 13(2) read with section 13(1) C.D. of Prevention of Corruption Act, 1988 in Case Crime No. 115 of 1998, P.S. Kotwali Nagar, District Gonda pending in the Court of learned Special Judge, Corruption Act, Gorakhpur vide S.T. No. 4 of 2008. The facts in brief of this case are that the FIR of this case has been lodged by Sri Rama Shanker Singh Yadav, Inspector U.P. Vigilance Establishment, Faizabad Sector, Faizabad against the applicant and other co-accused persons on 6.2.1998 alleg ing there in that one Awadhesh Singh son of Jagpal Singh moved an application in respect of the corruption of different de partments of District Gonda, the same was forwarded by Kunwar Ajay Pratap Singh @ Lalla Bhaiya, M.L.A., on that application, the Government has initiated an enquiry, in enquiry report dated 30.9.1996 it was found that in the construction of the building of Vikas Bhawan, Gonda certain irregularities were found, the work of the construction was done by Gramin Adhiniyantran Sewa Vibhag, Gonda. It was found that the use of cement and saria was shown in excessive whereas such material was not used, for the same purpose the forged documents were prepared in connivance of the appli cant and other co-accused persons and some of the records was missing at the in stance of the applicant and another co-accused persons so that the criminal liabil ity may not be fixed against the applicant and other co-accused persons. It was found that the building of the Vikas Bhawan was not constructed up to the mark. After pre liminary enquiry the FIR of this case has been lodged. After investigation the charge-sheet dated 31.5.2007 has been filed by the I.O. in the Court of learned Special Judge, Anti Corruption on which the learned Special Judge concerned has taken the cognizance on 2.2.2008. It is contended by learned Counsel for the applicant that applicant was posted as Executive Engineer in Gonda in Rural Engineering Services, U.P. The contract of the construction of the building of the Vikas Bhawan was not in the hands of the applicant. The applicant has not committed any forgery, cheating or corruption. The allegations are in respect of use of the ma terial in the construction of the building of the Vikas Bhawan. According to the terms and work done by the Contractor the pay ment of the bills has been made. There is no evidence to shows that applicant had made any conspiracy in commission of the al leged offence. The preliminary enquiry was not properly done and without doing the proper enquiry the FIR of this case has been lodged only on the basis of the pre sumption that sufficient material has not been used in the construction of the build ing of the Vikas Bhawan. The proper sanction has not been accorded for the prosecu tion of the applicant by authority concerned. In the present case the proper in vestigation has not been done by the I.O. and without collecting the cogent evidence disclosing the commission of the offence the charge-sheet has been submitted. The charge-sheet has been submitted in view of the technical report submitted by the Chief Engineer. The applicant has retired in the year 1992, the charge-sheet has been submitted after 15 years of his retirement. The charge-sheet has been submitted by the I.O. is simply misuse of the process of law whereas no offence is made out against the applicant and in a routine manner without perusing the material collected by the I.O. the learned Special Judge has taken the cognizance and summoned the applicant to face the trial, therefore, the charge-sheet of the present case may be quashed.
(3.) IN reply of the above contention it is submitted by learned A.G.A. that in the present case the preliminary enquiry has been done on the basis of the complaint received by the Government. IN prelimi nary enquiry it was found that applicant and other co-accused persons have com mitted the alleged offence thereafter the FIR has been lodged. The matter was prop erly investigated, during investigation the cogent evidence has been collected by the I.O. disclosing the commission of the of fence. Thereafter the charge-sheet dated 31.5.2007 has been submitted in the Court of learned Special Judge Anti Corruption, Gorakhpur who took the cognizance on 2.2.2008. During investigation the proper sanction has also been obtained. There is no illegality in the sanction also, only delay in submitting the charge-sheet is not a proper ground for quashing the charge-sheet. The application filed by the applicant is devoid of merits and the same may be dismissed. Considering the submission made by learned Counsel for the applicant, learned A.G.A. and from the perusal of record it appears that in the present case on the basis of the complaint made by Sri Awadhesh Singh, the same was forwarded by Kunwar Ajay Pratap Singh @ Lalla Bhaiya, M.L.A. open enquiry has been con ducted by the Government, in enquiry it was found that proper material of cement and iron rods not been used in the con struction of building of Vikas Bhawan. It is alleged that the payment of the high quantity of cement and iron has been made whereas such quantity was not used in construction of the building for which the forged records has also been prepared even some of the record has been misplaced. The I.O. has recorded the statement of the wit nesses and collected the material which prima facie discloses the commission of the offence and for the purpose of the prosecu tion the sanction has also been obtained from the authorities concerned. The I.O. has not committed any error in submitting the charge-sheet dated 31.5.2008 which discloses the commission of the offence. The learned Special Judge Anti Corruption has also not committed any error in taking the cognizance vide order dated 2.2.2008. The charge-sheet has been submitted on 31.5.2007 in respect of the incident which had occurred in the year 1998. On the ground of delay of submission of charge-sheet after the retirement of the applicant is not a proper ground for quashing the charge-sheet. There is no illegality in sub mission of the charge-sheet, therefore, the prayer for quashing the same is refused.;